DETAILED ACTION
This Office Action is in response to Applicants Application filed on April 24, 2025. Claims 1-25 are pending and presented for examination.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/24/25, 5/19/25, 10/29/25 and 4/21/26 has been considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: the status of the related applications needs to be updated.
Appropriate correction is required.
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 1-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, 16, 19-21, 24, 29-32, 34-35, 37-39, 43 and 44 of U.S. Patent No. 11,949,756. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in U.S. Pat. No. 11,949,756and would be covered by any patent granted since the U.S. Pat. No. 11,949,756 and the instant application are claiming common subject matter
Instant Application 19/188,078
1. A method for use with a group of mobile devices, wherein each of the mobile devices in the group is associated with a respective country, the method comprising:
receiving, by a first server that is not a client device, a request for content and a first country;
selecting, by the first server, a first mobile device from the group that is associated with the first country;
receiving, by the first server from a web server via the first mobile device over the Internet, a first part of the content;
selecting, by the first server, a second mobile device from the group that is associated with the first country;
receiving, by the first server from a web server via the second mobile device over the Internet, a second part of the content;
selecting, by the first server, a third mobile device from the group that is associated with the first country;
receiving, by the first server from a web server via the third mobile device over the Internet, a third part of the content;
constructing, by the first server, a file that comprises the received first, second, and third parts; and
sending, by a first server, the file, in response to the receiving of the request.
2. The method of claim 1, further comprising sending, by the first server to the first mobile device over the Internet, a first request for the first part of the content, wherein the receiving of the first part is in response to the sending of the first request; sending, by the first server to the second mobile device over the Internet, a second request for the second part of the content, wherein the receiving of the second part is in response to the sending of the second request; and sending, by the first server to the third mobile device over the Internet, a third request for the third part of the content, wherein the receiving of the third part is in response to the sending of the third request.
3. The method of claim 2, wherein the first part is identified by a first identifier, wherein the second part is identified by a second identifier, wherein the third part is identified by a third identifier, wherein the first request comprises the first identifier, wherein the second request comprises the second identifier, and wherein the third request comprises the third identifier.
4. The method of claim 3, wherein the first identifier comprises a first Uniform Resource Locator (URL), wherein the second identifier comprises a second URL, and wherein the third identifier comprises a third URL.
5. The method of claim 4, further comprising receiving, by the first server over the Internet, the first, second, or third identifier.
6. The method of claim 2, wherein the first, second, or third request comprises a HyperText Transfer Protocol (HTTP) request.
7. The method of claim 2, wherein the first, second, or third request comprises a HyperText Transfer Protocol Secure (HTTPS) request.
8. The method of claim 1, wherein each of the first, second, and third mobile devices comprises, or consists of, a respective client device.
9. The method of claim 1, wherein the receiving of the request comprises receiving from a requesting client device, and wherein the sending of the file comprises sending to the requesting client device.
10. The method of claim 1, wherein each of the mobile devices in the group comprises, or consists of, a respective cellular telephone device.
11. The method of claim 1, further comprising storing, operating, or using, by the first server, a server operating system.
12. The method of claim 11, wherein the server operating system consists of, comprises, or is based on, Microsoft Windows Server, Linux, UNIX, or any combination thereof.
13. The method of claim 11, wherein the server operating system consists of, comprises, or is based on, Microsoft Windows Server® 2003 R2, 2008, 2008 R2, 2012, or 2012 R2 variant, Linuxᵀ or GNU/Linux based Debian GNU/Linux, Debian GNU/kFreeBSD, Debian GNU/Hurd, Fedora™, Gentoo Linspire™, Mandriva, Red Hat® Linux, SuSE, and Ubuntu®, UNIX variant Solaris AIX®, Macᵀ OS X, FreeBSD®, OpenBSD, NetBSD®, or any combination thereof.
14. The method of claim 1, wherein the content comprises, or is part of, a publicly-accessed web-site or web-page stored in a web server.
15. The method of claim 1, wherein each of the first, second, and third parts comprises, or is part of, a respective web-page or a part thereof.
16. The method of claim 1, wherein each of the first, second, and third parts comprises, or is part of, a respective object of a web-page.
17. The method of claim 16, wherein the object comprises, or consists of, a Hypertext Markup Language (HTML) object. 18. The method of claim 17, wherein the object comprises, or consists of, an HTTP addressed object.
19. The method of claim 1, wherein the content comprises, or consists of, a file or program.
20. The method of claim 1, wherein a communication with the first, second, or third mobile device is based on, or uses, a respective HTTP persistent connection.
21. The method of claim 1, for use with a list of Internet- Protocol (IP) addresses in IPv4 or IPv6 form that is stored in the first server, wherein the selecting of each of the first, second, and third mobile devices comprises respectively selecting the first, second, and third IP addresses from the list that are the addresses of the respective device.
22. The method of claim 21, further comprising selecting of the IP addresses from the list further comprises randomly selecting IP addresses from the list.
23. The method of claim 21, for use with a database that associates each of the IP addresses in the list with a respective country, wherein the selecting of the IP addresses from the list comprises selecting based on, or using, the associated respective country.
24. The method of claim 1, further comprising establishing a connection by the first server with at least one of the first, second, or third mobile devices using TCP, and wherein the connection is established by performing 'Active OPEN' or 'Passive OPEN'.
25. The method of claim 1, wherein at least one of the parts includes, consists of, or comprises, a part or whole of text data, audio data, voice data, multimedia data, video data, image data, music data, or any combination thereof.
U.S. Pat. No. 11,949,756
1. A method for use with a first content that is identified in the Internet using a Uniform Resource Locator (URL), and for use with a group of devices, wherein each of the devices in the group is associated with a respective geographical location, the method comprising:
identifying, by a first server that is not a client device, a first geographical location; selecting, by the first server, a first device from the group that is associated with the identified first geographical location;
sending, by the first server to the first device over the Internet, a first request that includes the URL for a first part of the first content;
receiving, by the first server from the first device over the Internet, in response to the sending of the first request, the first part;
identifying, by the first server, a second geographical location that is different from the first geographical location;
selecting, by the first server, a second device from the group that is associated with the identified second geographical location;
sending, by the first server to the second device over the Internet, a second request that includes the URL for a second part of the first content;
receiving, by the first server from the second device over the Internet, in response to the sending of the second request, the second part;
identifying, by the first server, a third geographical location that is different from the first and second geographical locations;
selecting, by the first server, a third device from the group that is associated with the identified third geographical location;
sending, by the first server to the third device over the Internet, a third request that includes the URL for a third part of the first content;
receiving, by the first server from the third device over the Internet, in response to the sending of the third request, the third part; and
assembling, at the first server, a second content that comprises at least the first, second, and third parts.
6. The method according to claim 1, wherein each of the devices in the group comprises, or consists of, a respective cellular telephone device.
16. The method according to claim 10, wherein the client device comprises, or consists of, a respective cellular telephone device.
19. The method according to claim 1, further comprising storing, operating, or using, by the first server, a server operating system.
20. The method according to claim 19, wherein the server operating system consists of, comprises, or is based on, Microsoft Windows Server®, Linux, UNIX, or any combination thereof.
21. The method according to claim 19, wherein the server operating system consists of, comprises, or is based on, Microsoft Windows Server® 2003 R2, 2008, 2008 R2, 2012, or 2012 R2 variant, Linux™ or GNU/Linux based Debian GNU/Linux, Debian GNU/kFreeBSD, Debian GNU/Hurd, Fedora™, Gentoo™, Linspire™, Mandriva, Red Hat® Linux, SuSE, and Ubuntu®, UNIX® variant Solaris™, AIX®, Mac™ OS X, FreeBSD®, OpenBSD, NetBSD®, or any combination thereof.
24. The method according to claim 1, wherein each of the first, second, and third requests comprises a respective HyperText Transfer Protocol (HTTP) request or a respective HyperText Transfer Protocol Secure (HTTPS) request.
29. The method according to claim 1, wherein the first or second content comprises, or is part of, a publicly-accessed web-site stored in a web server.
30. The method according to claim 1, wherein each of the first, second, and third part comprises, or is part of, a respective web-page or a part thereof.
31. The method according to claim 1, wherein each of the first, second, and third part comprises, or is part of, a respective object of a web-page.
32. The method according to claim 31, wherein the object comprises, or consists of, a Hypertext Markup Language (HTML) object.
34. The method according to claim 31, wherein the object comprises, or consists of, a file or program.
35. The method according to claim 1, wherein the communication with the first, second, or third device is based on, or using, a respective HTTP persistent connection.
37. The method according to claim 1, for use with a list of Internet-Protocol (IP) addresses in IPv4 or IPv6 form that is stored in the first server, wherein the selecting of each of the first, second, and third devices comprises respectively selecting the first, second, and third IP addresses from the list of the respective device.
38. The method according to claim 37, wherein the selecting of the IP addresses from the list further comprises randomly selecting IP addresses from the list.
39. The method according to claim 37, for use with a database that associates each of the IP addresses in the list with a respective geographical location, wherein the selecting of the IP addresses from the list comprises selecting based on, or using, comparing of the associated respective geographical locations.
43. The method according to claim 1, further comprising establishing a connection by the first server with at least one of the first, second, or third devices using TCP, and wherein the connection is established by performing ‘Active OPEN’ or ‘Passive OPEN’.
44. The method according to claim 1, wherein at least one of the parts includes, consists of, or comprises, a part or whole of a file, text data, audio data, voice data, multimedia data, video data, an image, music data, or a computer program.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LASHONDA T JACOBS-BURTON whose telephone number is (571)272-4004. The examiner can normally be reached M-F 8:30 am - 5:00 pm.
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/LASHONDA JACOBS-BURTON/Primary Examiner, Art Unit 2457
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June 24, 2026
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