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
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 claims 1-20 of U.S. Patent No. US12282649B2 in view of Kim et al (US 20130055387 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because, although the claims at issue are not identical, they are not patentably distinct from each other because this application is a continuation of 17/924,005 and this application claims with more words but in a broader manner the invention concisely claimed in 17/924,005.
The claims map to each other as follows:
Instant Application
U.S. Patent No. US12282649B2
Claim 14
A method, comprising:
displaying a desktop including a first icon grid, wherein the first icon grid comprises at least one rectangular circle centered on a center of the first icon grid and is formed by arranging application icons in a grid manner;
installing a target application;
displaying an application icon corresponding to the target application at a first starting position if a free position for an application icon does not exist in the at least one rectangular circle, wherein the first starting position is a position on a new rectangular circle located outside the first icon grid and adjacent to the first icon grid; and
adding, if the free position for an application icon exists in the at least one rectangular circle,
Claim 1
A method, comprising:
adding, if a free position exists in a plurality of rectangular circles in an icon grid, a target application icon corresponding to a target application at the free position, wherein the icon grid is formed by arranging all current application icons of a terminal device in a grid manner, and wherein the rectangular circles are centered on a center of the icon grid;
displaying a first desktop that comprises part of the application icons of the icon grid;
receiving a first desktop switching operation from a user;
switching from displaying the first desktop to displaying a second desktop in response to the first desktop switching operation, wherein the second desktop comprises all the application icons in the icon grid;
receiving a second desktop switching operation performed by the user; and
switching from displaying the second desktop to displaying the first desktop in response to the second desktop switching operation.
Claim 15
Claim 2
Claim 16
Claim 3
Claim 17
Claim 4
Claim 18
Claim 3
Claim 19
Claim 4
Claim 20
Claim 9
Claim 1
Claim 15
Claim 1 in view of U.S. Patent No. US12282649B2 does not disclose
the application icon of the target application according to a clockwise direction or a counterclockwise direction starting from a second starting position, wherein the second starting position is a starting position of the rectangular circle with the free position.
However, Kim discloses
the application icon of the target application according to a clockwise direction or a counterclockwise direction starting from a second starting position, wherein the second starting position is a starting position of the rectangular circle with the free position (Kim figs. 7A-B; [0089], “a new security risk icon may be added and may be arranged in a clockwise direction around an application icon, as indicated by arrow 701. Although not illustrated, the new security risk icon may be added and arranged in a counterclockwise direction,”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify US12282649B2 with Kim to enable a feature to add icons in a counterclockwise direction. This would have been done to add icons in a visually pleasing manner.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten to overcome the double patenting rejections set forth in this Office.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1,
Liang (US 20150026617 A1) discloses
Install a target application
(Liang [0038], "installing a new application; and after the new application is installed successfully, sending the managing module an icon management message corresponding to the installation (when a target application is installed on a terminal device)"; fig. 5 (exemplary target closed circle in a plurality of closed circles, in a direction from inside to outside in an icon grid); [0123], "it is determined whether there is enough space remaining in a screen for storing the icon of the new application").
wherein the icon grid is formed by arranging all current application icons of the terminal device in a grid manner, the closed circles are rectangular circles centered on a center of the icon grid (Crosley - Figure reads on an icon grid that is formed by arranging all current application icons of the terminal device in a grid manner, the closed circles are rectangular circles centered on a center of the icon grid).
Kim discloses
the application icon of the target application according to a clockwise direction or a counterclockwise direction starting from a second starting position, wherein the second starting position is a starting position of the rectangular circle with the free position (Kim figs. 7A-B; [0089], “a new security risk icon may be added and may be arranged in a clockwise direction around an application icon, as indicated by arrow 701. Although not illustrated, the new security risk icon may be added and arranged in a counterclockwise direction,”).
However, none of the prior art of record, alone or in combination, disclose the claim as recited as a whole.
Claims 2-13 are allowed for depending from claim 1.
Claim 14 is allowed similar to claim 1 for reciting similar subject matter as claim 1.
Claims 15-20 are allowed for depending from claim 14.
Conclusion
See the notice of references cited (PTO-892) for prior art made of record, including art that is not relied upon but considered pertinent to applicant's disclosure.
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/JITESH PATEL/Primary Examiner, Art Unit 2612
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