Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/28/2026 has been entered.
Response to Arguments
35 U.S.C 103
Applicant’s arguments filed with respect to the rejection(s) of claims 21-40 under U.S.C 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
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 21, 28, 35 are rejected on the ground of nonstatutory double patenting as being unpatentable over independent claims 1 and 9 of Patent 12346534 (reference application). Claims 21, 28, 35 are rejected on the ground of nonstatutory double patenting as being unpatentable over independent claims 16, 24, 29 of Patent 9547369 (reference application). Claims 21, 28, 35 are rejected on the ground of nonstatutory double patenting as being unpatentable over independent claims 1 and 14 of Patent 9720570 (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because of the below.
Claim 21 of instant application
Claim 1 of patent 12346534
A method of interpreting user gestures on a user interface of a computing device, comprising:
displaying a stack of images sequentially with a first image showing a first object belonging to a first category;
while displaying the first image, detecting a user gesture either swiping the first image in a first direction to select the first object or swiping the first image in a second direction to reject the first object; and
while displaying the first image, using the user gesture as a bias to dynamically change a set of subsequent images in the stack of images, comprising:
in response to determining that the swiping is in the first direction; and
determining that the user gesture indicates a preference for the first category to which the first object belongs; and
changing, based ast least on the determined preference for the first category, the set of subsequent images to a first set of images that show objects belonging to the first category; and
in response to determining that the swiping is in the second direction;
determining that the user gesture indicates a rejection of the first category to which the first object belongs; and changing, based at least on the determined rejection of the first category, the set of subsequent images to a second set of images that show objects belonging to a second category different from the first category.
A method for performing a backup, the method comprising:
providing a user interface for display on a screen of a mobile computing device that presents a top image of a first user in a series of images indicating an option to select the first user, wherein the series of images is presented as a stack of images
receiving, from a user, input indicating a user engagement with the top image and a swiping of the top image in at least one of a first direction and a second direction, wherein swiping the top image in the first direction indicates selecting the first user and swiping the top image in the second direction indicates rejecting the first user, wherein the first and second directions are towards different sides of the screen;
determining a first attribute associated with a first profile of the first user, the first attribute indicating an activity option preferred by the first user, the activity option is determined based at least on the user engagement with the top image and the swiping of the top image;
determining that the swiping occurred in the first direction;
in response to determining that the swiping occurred in the first direction, selecting the first user;
in response to selecting the first user, placing the top image of the first user in a first collection of images;
displaying a subsequent image of a second user in the series of images;
receiving, from the user, a second input indicating a user engagement with the subsequent image and a swiping of the subsequent image in at least one of the first direction and the second direction;
determining that the swiping occurred in the second direction;
in response to determining that the swiping occurred in the second direction, rejecting the second user;
in response to rejecting the second user, placing the subsequent image of the second user in a second collection of images, the second collection of images comprising images of users that were rejected; determining that the second attribute corresponds to the first attribute;
in response to determining that the second attribute corresponds to the first attribute, determining an image of the new user to be displayed on the screen based in part on selecting the first user, wherein selecting the first user represents a preference of the user.
Claim 21 of instant application
Claim 16 of patent 9547369
A method of interpreting user gestures on a user interface of a computing device, comprising:
displaying a stack of images sequentially with a first image showing a first object belonging to a first category;
while displaying the first image, detecting a user gesture either swiping the first image in a first direction to select the first object or swiping the first image in a second direction to reject the first object; and
while displaying the first image, using the user gesture as a bias to dynamically change a set of subsequent images in the stack of images, comprising:
in response to determining that the swiping is in the first direction; and
determining that the user gesture indicates a preference for the first category to which the first object belongs; and
changing, based ast least on the determined preference for the first category, the set of subsequent images to a first set of images that show objects belonging to the first category; and
in response to determining that the swiping is in the second direction;
determining that the user gesture indicates a rejection of the first category to which the first object belongs; and changing, based at least on the determined rejection of the first category, the set of subsequent images to a second set of images that show objects belonging to a second category different from the first category.
A method for performing a backup, the method comprising:
providing a user interface for display on a screen that sequentially, not simultaneously presents a series of images representing options to accept or reject;
wherein the user interface implements acceptance or rejection of an option with swiping a respective image in a first or second direction and off the screen, wherein the first and second directions are towards different sides of the screen, and wherein one of the first and second directions includes a swipe right;
receiving input representing a user gesture of engagement with the respective image in the user interface and a swipe of the respective image in the first or second direction and off the screen; and
based on the first or second direction in the received input, accepting or rejecting the option represented by the respective image.
Claim 21 of instant application
Claim 1 of patent 9720570
A method of interpreting user gestures on a user interface of a computing device, comprising:
displaying a stack of images sequentially with a first image showing a first object belonging to a first category;
while displaying the first image, detecting a user gesture either swiping the first image in a first direction to select the first object or swiping the first image in a second direction to reject the first object; and
while displaying the first image, using the user gesture as a bias to dynamically change a set of subsequent images in the stack of images, comprising:
in response to determining that the swiping is in the first direction; and
determining that the user gesture indicates a preference for the first category to which the first object belongs; and
changing, based ast least on the determined preference for the first category, the set of subsequent images to a first set of images that show objects belonging to the first category; and
in response to determining that the swiping is in the second direction;
determining that the user gesture indicates a rejection of the first category to which the first object belongs; and changing, based at least on the determined rejection of the first category, the set of subsequent images to a second set of images that show objects belonging to a second category different from the first category.
A method of interpreting user gestures received from a gesture based user interface of a computing device, including:
providing a user interface for display on a screen that presents a stack of images indicating options to accept or reject, wherein the user interface implements acceptance or rejection of an option with an indication of a swiping a respective image in a first or second direction and off the screen, wherein the first and second directions are towards different sides of the screen;
repeatedly receiving input indicating a user engagement with the respective image in the user interface and a swipe of the respective image in the first or second direction and off the screen and based on the first or second direction in the received input, accepting or rejecting the option indicated by the respective image; and
using the options repeatedly accepted and rejected, determining options to represent in subsequent images.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONY WU whose telephone number is (571)272-2033. The examiner can normally be reached Monday-Friday (9-5).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sanjiv Shah can be reached at (571) 272-4098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TONY WU/ Primary Examiner, Art Unit 2166
