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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,574,576 (Patent Serial No. 17/738876).
A claim comparison of claims of the instant application and claims U.S. Patent No. 11,574,576.
Application No. 19/039302
U.S. Patent No. 11,574,576
Independent claim 2
A system for dynamically updating a refresh rate, the system comprising:
at least one processor; a first application and a second application; at least one user interface configured to present the first application and the second application, each of the first application and the second application executing at a first refresh rate; at least one memory storing instructions that, when executed by the processor, causes the
processor to: responsive to receiving a request from the second application to temporarily boost the first refresh rate, determine to temporarily boost the first refresh rate to a second refresh rate,
wherein the second refresh rate is higher than the first refresh rate, control a scheduler, implemented on the at least one processor, to identify the second application as opted in to the second refresh rate and identify the first application as not opted in to the second refresh rate, control the scheduler to transmit a first signal to the first application to refresh first content presented on the user interface at the first refresh rate, wherein the first signal is transmitted in accordance with a virtualized refresh rate, control the scheduler to transmit a second signal to the second application to refresh
second content presented on the user interface at the second refresh rate, wherein the second signal is transmitted in accordance with a non-virtualized refresh rate, and control the first application to refresh the first content at the first refresh rate upon receipt of the first signal and the second application to refresh the second content at the second
refresh rate upon receipt of the second signal.
Independent claim 1
A system comprising:
a processor;
a first application and a second application, each of the first application and the second application executing at a first refresh rate; and
a memory storing instructions that, when executed by the processor, causes the processor to:
determine to temporarily boost the first refresh rate to a second refresh rate,
wherein the second refresh rate is higher than the first refresh rate, transmit a first signal to the first application to refresh at the second refresh rate, transmit a second signal to the second application to maintain refreshing at the first refresh rate based on a type of content shown by the second application, and
control the first application to refresh at the second refresh rate upon receipt of the first signal, and the second application to maintain refreshing at the first refresh rate upon receipt of the second signal.
Claims 2-21 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent 11,574,576. For independent claims 2, 12, and 21, corresponding independent claims 1, 11 and 19 of U.S. Patent 11,574,576, and these claims are not patentably distinct from the Patent claims. For dependent the dependent claims, corresponding dependent claims 2-7 and 9-14 and 16-20 of U.S. Patent 12,317,066 mirror the limitations of the dependent claims and recite obvious variant. Therefore, Applicants’ claims are not patentably distinct from the Patent claims.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEJOON AHN whose telephone number is (571)272-9528. The examiner can normally be reached 9 am - 5 pm.
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/SEJOON AHN/Primary Examiner, Art Unit 2628