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 .
Double Patenting
1. 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 obviousness-type 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); 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 conflicting 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent application No. (18/213,030). Although the conflicting claims are not identical, they are not patentably distinct from each other because they both claims similar methods and comprise almost identical steps (See claim below for comparison).
Application No. 19054501
1.A non-transitory computer-readable medium comprising a video conference widget configured to be executed by a processor, the video conference widget comprising: a video conference interface associated with functionality provided by a video conference provider, the video conference interface configured to interact with the video conference provider to provide the functionality; and a software interface having one or more commands to invoke corresponding
functionality of the video conference interface.
Co-pending application No. 18213030
1. A non-transitory computer-readable medium comprising a video conference widget configured to be executed by a processor, the video conference widget comprising a self-contained software module that is configured to: receive, via a software interface from a software application, a command for a first video conference function, wherein the self-contained software module comprises a plurality of video conferencing functions associated with functionality provided by a video conference provider; and in response to the command, output a signal, the signal configured to cause the video conference widget to interact with the video conference provider to perform the first video conference function.
Application No. 19054501
8. A system comprising: a non-transitory computer-readable medium; and one or more processors communicatively coupled to the non-transitory computer-readable medium, the one or more processors configured to execute processor-executable instructions stored in the non-transitory computer-readable medium to cause the one or more processors to: execute a software application comprising a video conference widget, the video conference widget comprising:
a video conference interface associated with functionality provided by a video conference provider, the video conference interface configured to interact with the video conference provider to provide the functionality; and a software interface having one or more commands to invoke corresponding functionality of the video conference interface.
Co-pending application No. 18213030
7. A system comprising: a non-transitory computer-readable medium; and
a processor communicatively coupled to the non-transitory computer-readable medium, the processor configured to execute processor-executable instructions stored in the non-transitory computer-readable medium to: transmit, by a software application, to a video conference widget that is a self-contained software module, a command, wherein: the video conference widget comprises program code defining a plurality of video conferencing functions associated with functionality provided by a video conference provider; and the command is for a first video conference function, the command configured to cause the video conference widget to output a signal, the signal configured to cause the video conference widget to interact with the video conference provider to perform the first video conference function.
Application No. 19054501
15. A method comprising: executing a software application, the software application comprising a video conference widget, the video conference widget comprising: a video conference interface associated with functionality provided by a video conference provider, the video conference interface configured to interact with the video conference provider to provide the functionality, and a software interface having one or more commands to invoke corresponding functionality of the video conference interface; executing a command of the software interface; and receiving, from the software interface, information responsive to the command.
Co-pending application No. 18213030
15. A method comprising: receiving, by a video conference widget, a command for the video conference widget to perform a function, wherein: the video conference widget is a self-contained software module comprising program code defining a plurality of video conferencing functions associated with functionality provided by a video conference provider; and the command is for a first video conference function of the plurality of video conferencing functions; and outputting in response to the command, by the video conference widget, a signal
configured to cause the video conference widget to interact with the video conference
provider to perform the first video conference function.
Application No. 19054501
2. The non-transitory computer-readable medium of claim 1, wherein the video
conference interface is configured to receive a command from a software application
via the software interface and, in response to the command, interact with the video
conference provider.
Co-pending application No. 18213030
2.The non-transitory computer-readable medium of claim 1, wherein the video conference widget is a video conference join widget and wherein: the plurality of video conferencing functions comprises one or more video conferencing functions for joining a video conference;
receive, via the software interface, a command to join a video conference from the
software application; and in response to the command, interact with the video conference provider to join the video conference and provide at least one video or audio stream from the video conference to the software application.
The subject matter claimed in the instant application is fully disclosed in the US patent application 18213030 since the current application and the co-pending application are claiming common subject matter, as follows:
The claimed invention in the instant application is fully disclosed in the co-pending patent application, and it is broader than the claimed invention in the patent application (18/213,030). No invention or new improvement is being claimed in the instant application. Applicant is now attempting to claim broadly that which had been previously described in more detail in the claims of the patent (In re Van Ornum, 214 USPQ 761 CCPA 1982).
Furthermore, there is no apparent reason why Applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the co-pending application which matured into a patent.
Claim Rejections - 35 USC § 103
2.The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
3. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen et al. (US 2007/0172044) in view of King et al. (US 20100188473)
Regarding claims 1, 8 and 15, Nguyen discloses a method comprising: executing a software application (fig.8, 650), the software application comprising a video conference widget (Paragraph: 0045 and fig.8, 620, 650, 700: Nguyen discusses how the organizer can initiate an instant conference with all members of the group by pressing a button on a handset), the video conference widget comprising: a video conference interface associated with functionality provided by a video conference provider (Paragraphs: 0042, 0045 and fig.8, 16: Nguyen discusses how the application server sends an invitation to party C to join the instant conference; and how the organizer can initiate an instant conference with all members of the group by pressing a button on a handset (i.e. the video conference widget)), the video conference interface configured to interact with the video conference provider to provide the functionality (Paragraphs: 0084-0086 and fig.8), and executing a command of the software interface (Paragraphs: 0085-0086: Nguyen discusses how the software module able to initiate the appropriate steps for bringing the appropriate individuals and/or groups into the instant conference based on a message to add a participant to a conference); and receiving, from the software interface, information responsive to the command (Paragraphs: 0085-0086 and fig.8).
Nguyen discloses the invention set forth above but does not specifically point out “a software interface having one or more commands to invoke corresponding functionality of the video conference interface”
King however discloses a software interface(Paragraphs: 0029-0030 and fig.2A, 200: videoconferencing application software) having one or more commands to invoke corresponding functionality of the video conference interface (Paragraphs: 0056-0057 and 0063: King discusses how the system controlling and/or selecting audio and/or video outputs from the videoconference, "keypad" for invoking a telephone keypad to provide numeric input to the videoconference from the mobile communication device for all of the videoconference, and "other functions" for selecting other possible functions or commands of the videoconferencing system).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Nguyen, and modify the system wherein a software interface having one or more commands to invoke corresponding functionality of the video conference interface, as taught by King, thus allows a user to use the communication device as a remote interface to the conferencing system, so as to provide desired contact information to the conferencing system, as discussed by King.
Considering claims 2, 9 and 16, King further discloses the non-transitory computer-readable medium of claims 1, 8 and 15, wherein the video conference interface is configured to receive a command from a software application via the software interface and, in response to the command, interact with the video conference provider (Paragraphs: 0029-0030, 0056-0057 and fig.2A, 200: videoconferencing application software for selecting other possible functions or commands of the videoconferencing system and to conduct a videoconference).
Considering claims 3, 10 and 17, Nguyen discloses the method of claims 2, 9 and 16, wherein the command comprises a command to schedule a video conference and wherein the video conference interface is configured to interact with the video conference provider to schedule a video conference and provide a meeting identifier for the video conference to the software interface; and wherein the information comprises the meeting identifier (Paragraphs: 0022-0025: Nguyen discusses how the system scheduled conference call, participants call into a telephone number at a pre-arranged time; and how the participants might then enter a code that allows them to be bridged into the conference call.).
Considering claims 4, 11 and 18, Nguyen discloses the non-transitory computer-readable medium of claims 2, 9 and 16, wherein the command comprises a command to start a video conference and wherein the video conference interface is configured to interact with the video conference provider to start a video conference and provide at least one video or audio stream from the software application to the video conference provider (Paragraphs: 0025 and 0082-0083 and fig.1: handset device initiate a video instant conference, and the conference call might be a voice call or a video conference).
Considering claims 5, 12 and 19, King discloses the method of claims 2, 9 and 16, wherein the command comprises a command to join a video conference and wherein the video conference interface is configured to interact with the video conference provider to join a video conference, provide at least one video or audio stream from the video conference to the software application (Paragraph: 0012: the videoconferencing system may provide a first video stream in the videoconference (e.g., to the other members of the videoconference)), and provide at least one video or audio stream from the software application to the video conference provider; and wherein the information comprises the at least one video or audio stream (Paragraphs: 0029-0030, 0056-0057 and fig.2A, 200).
Considering claims 6, 13 and 20, King discloses the method of claims 2, 9 and 16, wherein the command comprises a command to access a user profile maintained by the video conference provider, wherein the video conference interface is configured to interact with the video conference provider to obtain information in the user profile and store updated information in the user profile, and provide the obtained information to the software application and receive the updated information from the software application; and wherein the information comprises the obtained information (Paragraph: 0068 and fig.2A, 200: King discusses how the device 200 provide input to the conferencing system, in a wired or wireless manner, to modify the audio and/or video settings of the conferencing system; and how the provided modifications may also cause the GUI of the device 200 to be updated accordingly, to reflect the current status of the conferencing system).
Considering claims 7 and 14, Nguyen discloses the non-transitory computer-readable medium of claims 2 and 9, wherein the command comprises a command to obtain information about upcoming video conferences hosted by the video conference provider, wherein the video conference interface is configured to interact with the video conference provider to obtain information about the upcoming video conferences, and provide the obtained information to the software application (Paragraphs: 0022-0024: In a scheduled conference call, participants call into a telephone number at a pre-arranged time, i.e. based on the obtain information about the upcoming video conferences).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSEF K LAEKEMARIAM whose telephone number is (571)270-5149. The examiner can normally be reached 9:30-6:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at (571) 272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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YOSEF K. LAEKEMARIAM
Primary Examiner
Art Unit 2651
/YOSEF K LAEKEMARIAM/Primary Examiner, Art Unit 2691
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