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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,271,534. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter is the same in both.
Detailed analysis for claim 1 is provided below.
Claim 1 of Application
Patent ‘534
Comparison
A method, comprising:
A method, comprising:
A method claim
obtaining a search term entered in a search bar;
Claim 1: obtaining a search term entered in a search bar; and
Identical
determining that a first associated term hits an object in a first domain, wherein the first associated term corresponds to the search term,
Claim 1: displaying an associated term and an identifier corresponding to the associated term, wherein the associated term corresponds to the search term,
Claim 2: wherein a domain corresponding to the associated term is based on a correspondence between the domain and an object in the domain, wherein the application corresponding to the associated term is based on a correspondence between the domain and the application, and wherein the domain is one of a video domain, a music domain, a gaming domain, a reader domain, and the like.
Claim 5: wherein the identifier corresponding to the associated term comprises a domain identifier corresponding to the associated term, wherein the domain identifier identifies a video domain, a music domain, a gaming domain, a reader domain, and the like, wherein the domain identifier opens a first menu, and wherein the first menu displays the application icon of the application corresponding to the associated term.
The associated term corresponds to an identifier which comprises a domain identifier corresponding to the associated term.
Further, the associated term is based on a correspondence between the domain and an object in the domain.
wherein the first domain corresponds to the first associated term based on a first correspondence between the first domain and the object, and
Claim 2: wherein a domain corresponding to the associated term is based on a correspondence between the domain and an object in the domain,
Corresponding
wherein the first domain is one of a video domain, a music domain, a gaming domain, or a reader domain; and displaying the first associated term and an identifier corresponding to the first associated term in response to the first associated term hitting the object in the first domain.
Claim 2: wherein the domain is one of a video domain, a music domain, a gaming domain, a reader domain, and the like.
Claim 1: displaying an associated term and an identifier corresponding to the associated term, wherein the associated term corresponds to the search term.
Corresponding domain, associated term, and identifier.
wherein the identifier is configured to open an application that corresponds to the first associated term based on a second correspondence between the first domain and the application, and wherein the identifier comprises an application icon of the application.
Claim 1: wherein an application corresponds to the associated term, wherein the identifier opens the application corresponding to the associated term, and wherein the identifier corresponding to the associated term comprises an application icon of the application corresponding to the associated term.
Claim 2: wherein the application corresponding to the associated term is based on a correspondence between the domain and the application.
The application corresponds to the associated term.
The identifier corresponds to the associated term and comprises an application icon corresponding to the associated term.
The associated term is based on a correspondence between the domain and the application.
As analyzed above, though claim 1 of the application and claims 1, 2 and 5 of patent ‘534 are not identical however the claimed subject matters are equivalent. Therefore, it would have been obvious to modify claims 1, 2 and 5 of patent ‘534 as claim 1 for the reason above.
Claim 2 corresponds to claim 5 of patent ‘534 with corresponding domain identifier and menu.
Claim 3 corresponds to claim 6 of patent ‘534 with corresponding terminal device and application icon.
Claim 4 corresponds to claim 7 of patent ‘534 with corresponding first and second applications.
Claim 5 corresponds to claim 6 of patent ‘534 with corresponding application icon function.
Claim 6 corresponds to claim 3 of patent ‘534 with corresponding popularity value.
Claim 7 corresponds to claim 4 of patent ‘534 with corresponding application icon or link.
Claim 8 corresponds to claim 9 of patent ‘534 with corresponding sorting of the associated term.
Claim 9 corresponds to claim 10 of patent ‘534 with corresponding sorting of the associated term based on a text length of the associated term.
Claim 10 corresponds to claim 11 of patent ‘534 with corresponding sorting of the associated term based on a user preference value.
Claim 11 corresponds to claim 12 of patent ‘534 with corresponding preset quantity of associated terms.
Claim 12 corresponds to claim 13 of patent ‘534 with corresponding matching based on a user search record.
Claim 13 corresponds to claim 14 of patent ‘534 with corresponding association result from a server.
Terminal device claim 14 is similarly rejected over claims 15, 16 and 17.
Claim 15 corresponds to claim 2 of patent ‘534 with corresponding domain identifier and menu.
Claim 16 corresponds to claim 18 of patent ‘534 with corresponding terminal device and application icon.
Claim 17 corresponds to claim 19 of patent ‘534 with corresponding first and second applications.
Terminal device claim 18 is similarly rejected over claims 15, 16, 17 and 20.
Claim 19 corresponds to claim 5 of patent ‘534 with corresponding domain identifier and menu.
Claim 20 corresponds to claim 6 of patent ‘534 with corresponding terminal device and application icon.
Allowable Subject Matter
Claims 1-20 would become allowable with submission of terminal disclaimer.
The following is a statement of reasons for the indication of allowable subject matter:
None of the prior art of record teaches, inter alia,
obtaining a search term entered in a search bar;
determining that a first associated term hits an object in a first domain,
wherein the first associated term corresponds to the search term, wherein the first domain corresponds to the first associated term based on a first correspondence between the first domain and the object, and
wherein the first domain is one of a video domain, a music domain, a gaming domain, or a reader domain; and
displaying the first associated term and an identifier corresponding to the first associated term in response to the first associated term hitting the object in the first domain,
wherein the identifier is configured to open an application that corresponds to the first associated term based on a second correspondence between the first domain and the application, and
wherein the identifier comprises an application icon of the application, of independent method claim 1 and similarly of terminal device claim 14 and computer program product claim 18. See fig. 4 and 11.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Esinovskaya et al. (US 2017/0329490), hereinafter as Esinovskaya, teaches a computer-implemented method of generating a content recommendation interface for a user of an electronic device, the method executable by the electronic device. The content recommendation interface presents a first GUI comprising three simultaneously presented visual-interface elements disposed within the first GUI: a first interface element comprising an omnibox, a second interface element comprising at least one icon representing user-selected content, and a third interface element comprising at least one recommendation icon, the first recommendation icon associated with recommended content selected, by the recommendation server, from a plurality of potentially recommendable content items. The method further comprises, in response to an indication of a first user-interaction with the first GUI into one of a first direction and a second direction, selectively presenting a first version and a second version of a second GUI, respectively.
Roh et al. (US ), hereinafter as Roh, teaches an information searching method. According to the present invention, after a search for information related to an inputted search word have been performed, while the found information are displayed, partial information respectively representing the displayed information by including the search word are extracted from the displayed information. Finally, the extracted information are enlarged and displayed as a list.
Neither Esinovskaya nor Roh, singly or combined, teaches or suggests the features as claimed above. Specifically on the path from search term to associated search term to an object in a domain to an identifier to an application icon.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOM V SHENG whose telephone number is (571)272-7684. The examiner can normally be reached Mon-Fri 9:30-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nitin Patel can be reached at 571-272-7677. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOM V SHENG/ Primary Examiner, Art Unit 2628