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 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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12,242,766. Although the claims at issue are not identical, they are not patentably distinct from each other because. See the side by side comparison below:
Element
Claim 1 (current application)
Claim 1 (patent 12,242766)
Preamble
A system for managing data transferred between computing devices and displays:
A system for managing data transferred between computing devices and displays:
First computing device
a first computing device having a first user interface, wherein said first computing device is configured to transform at least one application window of said first user interface into first image data,
a first computing device having a first user interface, wherein said first computing device is configured to transform at least one application window of said first user interface into first image data,
Second computing device
a second computing device having a second user interface, wherein said second computing device is configured to transform said at least one application window of said second user interface into second image data,
a second computing device having a second user interface, wherein said second computing device is configured to transform said at least one application window of said second user interface into second image data,
First display / control board
a first display having a control board operably connected to said first computing device and said second computing device,
a first display having a control board operably connected to said first computing device and said second computing device,
Processor receives first image data
wherein a processor of said control board is configured to receive said first image data from said first computing device,
wherein a processor of said control board is configured to receive said first image data from said first computing device,
Processor receives second image data
wherein a processor of said control board is configured to receive said second image data from said second computing device,
wherein a processor of said control board is configured to receive said second image data from said second computing device,
Processor presents data
wherein said processor of said control board presents said first image data and said second image data in a plurality of display windows of a display user interface of said first display,
wherein said processor of said control board presents said first image data and said second image data in a plurality of display windows of a display user interface of said first display,
CRM
a non-transitory computer-readable medium coupled to said processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising:
and a non-transitory computer-readable medium coupled to said processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising:
Receiving first image data
receiving said first image data of said at least one application window from said first computing device,
receiving said first image data of said at least one application window from said first computing device,
Receiving second image data
receiving said second image data of said at least one application window from said second computing device,
receiving said second image data of said at least one application window from said second computing device,
Determining layout
determining a layout of said display user interface based on said first image data and second image data,
determining a layout of said display user interface based on said first image data and second image data,
Presenting layout
presenting said layout containing said first image data and said second image data via said first display,
presenting said layout containing said first image data and said second image data via said first display.
Active/inactive window limitation
wherein only image data corresponding to an active application window is transmitted as a video stream and image data corresponding to an inactive application window is presented using last-received image data.
(Not present)
Claim 1 of the current application is obvious over Claim 1 of the patent, the additional limitation — transmitting only active window data as a live video stream while using cached/last-received image data for inactive windows — is a well-known bandwidth optimization technique in multi-source display and remote desktop environments. A person of ordinary skill would find it obvious to add this limitation to reduce bandwidth consumption in the system of Claim 1 of the patent.
Similar rational applies to claims 2-3.
Response to Arguments
Applicant's arguments filed 05/27/2026 have been fully considered but they are not persuasive.
The rejection of the statutory DP is now changed to Obvious double patent. As indicated by the examiner below, the added limitation is obvious optimization technique.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/AMR A AWAD/Supervisory Patent Examiner, Art Unit 2621
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