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 .
Information Disclosure Statement
The information disclosure statement filed 01/17/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 recites “if they are not loaded on the user device”. The use of “if” is not a positive recitation, resulting in the limitation to not be required. According to the MPEP, “… language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation” (MPEP 2106.II C). It is recommended to amend the claim to “when they are not loaded on the user device”.
Claims 2-16 are further rejected under 35 U.S.C. 112(b) rejection due to their dependency of rejected claim 1.
RE claim 17, claim 17 recites similar limitations as claim 1 but claiming a server. Claim 17 further includes the “if” limitation as recited claim 1 in regards to the 35 U.S.C. 112(b) rejection. Therefore, the same rationale used for claim 1 is applied.
RE claim 18, claim 18 recites similar limitations as claim 1 but in manufacture form. Claim 18 further includes the “if” limitation as recited claim 1 in regards to the 35 U.S.C. 112(b) rejection. Therefore, the same rationale used for claim 1 is applied.
RE claim 19, claim 19 recites similar limitations as claim 1 but in process form. Claim 19 further includes the “if” limitation as recited claim 1 in regards to the 35 U.S.C. 112(b) rejection. Therefore, the same rationale used for claim 1 is applied.
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 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,236,504 B2. Although the claims at issue are not identical, they are not patentably distinct from each. Please see the comparison table below.
claims
Current Application
19027983
claims
Patent
US 18533828
1
A system implementing a graphical user interface for display on a display screen of a user device, wherein the graphical user interface is configured for display in a window occupying all or a portion of the display screen and comprising:
A system implementing a graphical user interface for display on a display screen of a user device, wherein the graphical user interface is configured for display in a window occupying all or a portion of the display screen and comprising:
a first frame occupying a first frame region of the window,
a first frame occupying a first frame region of the window,
wherein the first frame illustrates graph visual elements, each graph visual element representing a respective graph data entry from a subset among graph data entries, each of the graph data entries having a defined ordinal placement and a quantitative value, wherein the subset is determined in response to selective zooming and/or scrolling of the first frame region in a first dimension by user interaction with the graphical user interface,
wherein the first frame illustrates, adjacent to one another in a first dimension, graph visual elements, each graph visual element representing a respective graph data entry from a continuous subset among a sequence of graph data entries, each of the sequence of graph data entries having a defined placement among the sequence and a quantitative value, wherein the continuous subset is determined in response to a selective zooming and/or scrolling of the first frame region in the first dimension by user interaction with the first frame region,
the graph visual elements each having, in a second dimension, a linear extent or a position determined according to a size of the first frame region in the second dimension, the quantitative value of the respective graph data entry, and a dynamic scaling factor,
the graph visual elements each having, in a second dimension, a linear extent or a position determined according to a size of the first frame region in the second dimension, the quantitative value of the respective graph data entry, and a dynamic scaling factor,
wherein, in response to the selective zooming and/or scrolling of the first frame in the first dimension, the subset of graph data entries represented by the graph visual elements changes, and the dynamic scaling factor changes according to the quantitative values of the subset of graph data entries that was changed,
wherein, in response to the selective zooming and/or scrolling of the first frame in the first dimension, the graph data entries belonging to the continuous subset of graph data entries represented by the graph visual elements changes, and the dynamic scaling factor changes according to the quantitative values of a changed continuous subset of graph data entries,
wherein the first frame transitions from a first rendered state …
wherein between the first rendered state and the second rendered state …
wherein the graph data entries are stored on a server and loaded onto the user device by a graphical user device on demand according to the selective zooming and/or scrolling of the first frame in the first dimension, wherein graphical user interface is configured, while the graph visual elements representing the subset of graph data entries are illustrated in the first frame, checking whether a predefined number of graph data entries adjacent to the subset by ordinal placement in the graph data entries are loaded on the user device, and if they are not loaded on the user device, loading onto the user device any missing graph data entries from among the predefined number of graph data entries adjacent to the subset.
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The system according to claim 1, wherein the sequence of graph data entries are stored on a server and loaded onto the user device by the graphical user interface on demand according to the selective zooming and/or scrolling of the first frame in the first dimension, wherein the graphical user interface is configured, while the graph visual elements representing the continuous subset of graph data among the sequence of graph data entries are illustrated in the first frame, checking whether a predefined number of graph data entries either side of the continuous subset are loaded on the user device, and if they are not loaded on the user device, loading onto the user device any missing graph data entries from among the predefined number of graph data entries either side of the continuous subset.
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wherein the first frame transitions from a first rendered state before the selective zooming and/or scrolling of the first frame region in the first dimension by user interaction with the first frame region, to a second rendered state responding to the selective zooming and/or scrolling of the first frame region in the first dimension by user interaction with the first frame region, and
wherein between the first rendered state and the second rendered state the first frame region is rendered in one or more intermediate rendered states,
wherein any graph visual element rendered in both the first rendered state and the second rendered state and resized according to the dynamic scaling factor, is resized in a progressive stepwise manner between subsequent rendered states.
1
wherein the first frame transitions from a first rendered state before the selective zooming and/or scrolling of the first frame region in the first dimension by the user interaction with the first frame region, to a second rendered state responding to the selective zooming and/or scrolling of the first frame region in the first dimension by the user interaction with the first frame region, and
wherein between the first rendered state and the second rendered state the first frame region is rendered in one or more intermediate rendered states,
wherein any graph visual element rendered in both the first rendered state and the second rendered state and resized according to the dynamic scaling factor, is resized in a progressive stepwise manner between subsequent rendered states.
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RE claim 17, claim 17 recites similar limitations as claim 1 but further claiming a server. Claim 17 of ‘828 also recites the limitations of claim 1 of ‘050 while further claiming a server. Therefore, the same rationale used for claim 1 is applied.
RE claim 18, claim 18 recites similar limitations as claim 1 but in manufacture form. Therefore, the same rationale used for claim 1 is applied. Additionally, claim 18 of ‘828 also claims similar limitations as claim 1 of ‘828 but in manufacture form.
RE claim 19, claim 19 recites similar limitations as claim 1 but in process form. Therefore, the same rationale used for claim 1 is applied. Additionally, claim 19 of ‘050 also claims similar limitations as claim 1 of ‘050 but in process form.
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,908,050 B2. Although the claims at issue are not identical, they are not patentably distinct from each. Please see the comparison table below.
claims
Current Application
19027983
claims
Patent
11908050
1
A system implementing a graphical user interface for display on a display screen of a user device, wherein the graphical user interface is configured for display in a window occupying all or a portion of the display screen and comprising:
1
A system implementing a graphical user interface(GUI) for display on a display screen of a user device, wherein the graphical user interface is configured for display in a window occupying all or a portion of the display screen and comprising:
a first frame occupying a first frame region of the window,
a first frame occupying a first frame region of the window and a second frame occupying a second frame region of the window,
wherein the first frame illustrates graph visual elements, each graph visual element representing a respective graph data entry from a subset among graph data entries, each of the graph data entries having a defined ordinal placement and a quantitative value, wherein the subset is determined in response to selective zooming and/or scrolling of the first frame region in a first dimension by user interaction with the graphical user interface,
wherein the first frame illustrates, adjacent to one another in a first dimension, graph visual elements, each graph visual element representing a respective graph data entry from a continuous subset among a sequence of graph data entries, each of the sequence of graph data entries having a defined placement among the sequence and a quantitative value, wherein the continuous subset is determined in response to selective zooming and/or scrolling of the first frame region in the first dimension by user interaction with the first frame region,
the graph visual elements each having, in a second dimension, a linear extent or a position determined according to a size of the first frame region in the second dimension, the quantitative value of the respective graph data entry, and a dynamic scaling factor,
the graph visual elements each having, in a second dimension, a linear extent or a position determined according to a size of the first frame region in the second dimension, the quantitative value of the respective graph data entry, and a dynamic scaling factor,
wherein, in response to the selective zooming and/or scrolling of the first frame in the first dimension, the subset of graph data entries represented by the graph visual elements changes, and the dynamic scaling factor changes according to the quantitative values of the subset of graph data entries that was changed,
wherein, in response to the selective zooming and/or scrolling of the first frame in the first dimension, the graph data entries belonging to the continuous subset of graph data entries represented by the graph visual elements changes, and the dynamic scaling factor changes according to the quantitative values of the changed graph data entries belonging to the continuous subset of graph data entries, and
wherein the second frame illustrates, for a selected graph data entry among the sequence of graph data entries, at least a portion of a plurality of entry components of the selected graph data entry, the plurality of entry components being individually labelled quantitative values which are combined to calculate the quantitative value of the selected graph data entry.
wherein the graph data entries are stored on a server and loaded onto the user device by a graphical user device on demand according to the selective zooming and/or scrolling of the first frame in the first dimension,
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The graphical user interface system according to claim 1,
wherein the sequence of graph data entries are stored on a server and loaded onto the user device by the graphical user device interface on demand according to the selective zooming and/or scrolling of the first frame in the first dimension,
wherein graphical user interface is configured, while the graph visual elements representing the subset of graph data entries are illustrated in the first frame, checking whether a predefined number of graph data entries adjacent to the subset by ordinal placement in the graph data entries are loaded on the user device, and if they are not loaded on the user device, loading onto the user device any missing graph data entries from among the predefined number of graph data entries adjacent to the subset.
wherein graphical user interface is configured, while the graph visual elements representing the continuous subset of graph data among the sequence of graph data entries are illustrated in the first frame, checking whether a predefined number of graph data entries either side of the continuous subset are loaded on the user device, and if they are not loaded on the user device, loading onto the user device any missing graph data entries from among the predefined number of graph data entries either side of the continuous subset.
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… wherein the second frame illustrates, for a selected graph data entry among the sequence of graph data entries, at least a portion of a plurality of entry components of the selected graph data entry, the plurality of entry components being individually labelled quantitative values which are combined to calculate the quantitative value of the selected graph data entry.
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RE claim 17, claim 17 recites similar limitations as claim 1 but further claiming a server. Claim 17 of ‘050 also recites the limitations of claim 1 of ‘050 while further claiming a server. Therefore, the same rationale used for claim 1 is applied.
RE claim 18, claim 18 recites similar limitations as claim 1 but in manufacture form. Therefore, the same rationale used for claim 1 is applied. Additionally, claim 18 of ‘050 also claims similar limitations as claim 1 of ‘050 but in manufacture form.
RE claim 19, claim 19 recites similar limitations as claim 1 but in process form. Therefore, the same rationale used for claim 1 is applied. Additionally, claim 19 of ‘050 also claims similar limitations as claim 1 of ‘050 but in process form.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE L SAMS:
direct telephone number:
(571) 272-7661
email:
michelle.sams@uspto.gov
The examiner is currently part time and can be reached Mon.-Fri. 5:30am-9:30am.
Examiner interviews are available via telephone and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kee M. Tung can be reached on (571)272-7794. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHELLE L SAMS/
Primary Examiner, Art Unit 2611
16 June 2026
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