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 .
Detailed Action
Claims 1-67 are presenting for examination.
non-statutory double patenting rejection
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 1-67 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-9, 11-20, 22-24, 26-32, 36-41, 43, 56-76, 85-89, and 93 of U.S. Patent No.12,309,123. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent 123 anticipates the claimed invention as been shown in the table below.
19/194,291
12,309,123
A device for use with a content that comprises a web-page or a part thereof, the content is identified by a first Uniform Resource Locator (URL) and that is stored in a web server, and for use with a database that comprises multiple URLs and a respective country associated with each of the multiple URLs, the device comprising one or more processors programmed with computer program instructions that, when executed, cause the device to: determine whether the first URL is included in the multiple URLs; select a first country, responsive to the first URL not being included in the multiple URLs; send, over the Internet to a second device that is addressed by an Internet Protocol (IP) address associated with the first country, a first Hypertext Transfer Protocol (HTTP) request that includes the first URL; receive, from the web server via the second device over the Internet, a first response, in response to the sending of the first HTTP request; determine, whether the first response is a proper response; and update the database, by adding the first URL to the multiple URLs and associating the first country as associated with the first URL, in response to the determining that the first response is a proper response.
11. The device according to claim 1, further comprising the database.
25. The device according to claim 1, further configured so that the IP address of the device is not available to the web server.
33. The device according to claim 1, wherein the computer program instructions, when executed, further cause the device to identify the first URL.
1. A method for obtaining, by a first device, a web-page or a part thereof, identified by a first Uniform Resource Locator (URL) and stored in a web server, for use with a database that associates a respective country to each of multiple URLs, the method comprising: identifying, by the first device, the first URL; determining, by the first device, whether the first URL is included in the multiple URLs; responsive to the first URL not being included in the database, selecting, by the first device, a first country; sending, by the first device to the web server over the Internet, a first Hypertext Transfer Protocol (HTTP) request that includes the URL and includes a first Internet Protocol (IP) that is associated with the first country as a source address, so that the IP address of the first device is not available to the web server; receiving, by the first device from the web server over the Internet, a first response, in response to the sending of the first HTTP request; determining, by the first device, whether the first response is a proper response; and in response to the determining that the first response is a proper response, adding to the database the first URL associated with the first country.
2. The device according to claim 1, further comprising a client device
2. The method according to claim 1, wherein the first device comprises a client device.
3. The device according to claim 1, wherein the computer program instructions, when executed, further cause the device to operate or use a client operating system.
3. The method according to claim 1, further comprising storing, operating, or using, by the first device, a client operating system.
4. The device according to claim 3, wherein the client operating system comprises, or is based on, Microsoft Windows 7, Microsoft Windows XP, Microsoft Windows 8, Microsoft Windows 8.1, Linux, or Google Chrome OS.
4. The method according to claim 3, wherein the client operating system comprises, or is based on, Microsoft Windows 7, Microsoft Windows XP, Microsoft Windows 8, Microsoft Windows 8.1, Linux, or Google Chrome OS.
5. The device according to claim 3, wherein the client operating system comprises a Real-Time Operating System (RTOS).
5. The method according to claim 3, wherein the client operating system comprises a Real-Time Operating System (RTOS).
6. The device according to claim 5, wherein the RTOS comprises FreeRTOS, SafeRTOS, QNX, VxWorks, or Micro-Controller Operating Systems (pC/OS).
6. The method according to claim 5, wherein the RTOS comprises FreeRTOS, SafeRTOS, QNX, VxWorks, or Micro-Controller Operating Systems (μC/OS).
7. The device according to claim 1, further configured to identify and overcome blocking.
7. The method according to claim 1, for use for identifying and overcoming blocking, the method further comprising responsive to the first URL being included in the database and associated with a second country, sending, by the first device to the web server over the Internet, a second Hypertext Transfer Protocol (HTTP) request that includes the URL and includes a second Internet Protocol (IP) that is associated with the second country as a source address; and receiving, by the first device from the web server over the Internet, a second response, in response to the sending of the second HTTP request.
8. The device according to claim 1, wherein the computer program instructions, when executed, further cause the device to send, to the web server over the Internet, a second Hypertext Transfer Protocol (HTTP) request that includes the first URL and to receive, from the web server over the Internet, a second response, in response to the sending of the second HTTP request.
9. The device according to claim 1, wherein the computer program instructions, when executed, further cause the device to, in response to the first URL being included in the multiple URLs and associated in the database with a second country, send, to the web server over the Internet, a second Hypertext Transfer Protocol (HTTP) request that includes the first URL using an IP address that is associated with the second country, and to receive, from the web server over the Internet, a second response, in response to the sending of the second HTTP request.
7. The method according to claim 1, for use for identifying and overcoming blocking, the method further comprising responsive to the first URL being included in the database and associated with a second country, sending, by the first device to the web server over the Internet, a second Hypertext Transfer Protocol (HTTP) request that includes the URL and includes a second Internet Protocol (IP) that is associated with the second country as a source address; and receiving, by the first device from the web server over the Internet, a second response, in response to the sending of the second HTTP request.
10. The device according to claim 1, wherein the first HTTP request comprises an HTTP Secure (HTTPS) request.
8. The method according to claim 1, wherein the first HTTP request comprises an HTTP Secure (HTTPS) request.
12. The device according to claim 1, wherein the computer program instructions, when executed, further cause the device to receive the database over the Internet.
9. The method according to claim 1, further comprising receiving and storing, by the first device from a second device over the Internet, the database.
13. The device according to claim 1, wherein the second device is located in the first country.
11. The method according to claim 10,
wherein the second device is located in the
first country.
14. The device according to claim 1, wherein the computer program instructions, when executed, further cause the device to select the second device.
12. The method according to claim 10, further comprising selecting, by the first device, the second device.
15. The device according to claim 14, wherein the computer program instructions, when executed, further cause the device to select the second device based on estimating that the second IP address is located in the first country.
13. The method according to claim 12, wherein the second device is selected based on estimating that the second IP address is located in the first country.
16. The device according to claim 15, wherein the estimating is based on geolocation.
14. The method according to claim 13, wherein the estimating is based on geolocation.
17. The device according to claim 16, wherein the geolocation is based on IP geolocation.
15. The method according to claim 14, wherein the geolocation is based on IP geolocation.
18. The device according to claim 17, wherein the IP geolocation is based on W3C Geolocation Application Programming Interface (API).
16. The method according to claim 15, wherein the IP geolocation is based on W3C Geolocation Application Programming Interface (API).
19. The device according to claim 14, wherein the second device is selected based on being estimated to be located in the same country, state, region, city, postal/zip code, latitude, longitude, or Timezone as the device, the web server, or any combination thereof.
17. The method according to claim 12, wherein the second device is selected based on being estimated to be located in the same country, state, region, city, postal/zip code, latitude, longitude, or Timezone as the first device, the web server, or any combination thereof.
20. The device according to claim 1, wherein the web server and the device are located in different geographical locations that are different countries, different states, different regions, different cities, different time zones, or any combination thereof.
18. The method according to claim 12, wherein the web server and the first device are located in different geographical locations.
19. The method according to claim 18, wherein the different locations are different countries, different states, different regions, different cities, different timezones, or any combination thereof.
21. The device according to claim 20, wherein the second device is located in the same geographical location as the device.
20. The method according to claim 18, wherein the second device is located in the same geographical location as the first device.
22. The device according to claim 20, wherein the second device is located in a location that is different from the web server location and from the device location.
22. The method according to claim 18, wherein the second device is located in a location that is different from the web server location and from the first device location.
23. The device according to claim 1, wherein the second device comprises a proxy server.
23. The method according to claim 12, wherein the first or second device comprises a proxy server.
24. The device according to claim 23, wherein the proxy server comprises an HTTP proxy server, a web-proxy server, a caching proxy, an open-source caching proxy server, a cloud-based proxy server, an open proxy server, a forwarding proxy server, a reverse proxy server, a transparent proxy server, a non-transparent proxy server, an anonymous proxy server, a translation proxy server, aSOCKS proxy server, a CGI web proxy server, a suffix proxy server, an I2P anonymous proxy server, a DNS proxy server, or any combination thereof.
24. The method according to claim 23, wherein the proxy server comprises an HTTP proxy server, a web-proxy server, a caching proxy, an open-source caching proxy server, a cloud-based proxy server, an open proxy server, a forwarding proxy server, a reverse proxy server, a transparent proxy server, a non-transparent proxy server, an anonymous proxy server, a translation proxy server, a socks proxy server, a CGI web proxy server, a suffix proxy server, an I2P anonymous proxy server, a DNS proxy server, or any combination thereof.
26. The device according to claim 1, further configured for identifying or overcoming geo-blocking, Internet censorship, or Man-In-the-Middle (MITM) attack.
26. The method according to claim 1, further for overcoming geo-blocking, Internet censorship, Man-In-the-Middle (MITM) attack, or firewalling.
27. The device according to claim 1, wherein the computer program instructions, when executed, further cause the device to notify a user, in response to the determining that the first response is a proper response.
27. The method according to claim 1, further comprising notifying a user in response to the determining that the first response is a proper response.
28. The device according to claim 1, wherein the computer program instructions, when executed, further cause the device to notify a user, in response to the determining that the first response is not a proper response.
28. The method according to claim 1, further comprising notifying a user in response to the determining that the first response is not a proper response.
29. The device according to claim 1, wherein the database further associates a respective state, region, city, postal/zip code, latitude, longitude, Timezone, or any combination thereof, to each of the multiple URLs.
29. The method according to claim 1, wherein the database further associates a respective state, region, city, postal/zip code, latitude, longitude, Timezone, or any combination thereof, to each of the multiple URLS.
30. The device according to claim 1, wherein the computer program instructions, when executed, further cause the device to identify, a respective country to each of the multiple URLs using geolocation.
30. The method according to claim 1, further comprising identifying, by the first device, a respective country to each of the multiple URLs using geolocation, and storing, at the first device, the database.
31. The device according to claim 30, wherein the geolocation is based on IP geolocation.
31. The method according to claim 30, wherein the geolocation is based on IP geolocation.
32. The device according to claim 31, wherein the IP geolocation is based on W3C Geolocation Application Programming Interface (API).
32. The method according to claim 31, wherein the IP geolocation is based on W3C Geolocation Application Programming Interface (API).
34. The device according to claim 1, wherein the computer program instructions, when executed, further cause the device to execute, a web browser.
36. The method according to claim 1, further comprising executing, by the first device, a web browser.
35. The device according to claim 34, wherein the computer program instructions, when executed, further cause the device to identify the first URL as part of the executing of the web browser.
40. The method according to claim 36, wherein the identifying is part of the executing of the web browser.
36. The device according to claim 34, wherein the web browser comprises of, or is based on, Microsoft Internet Explorer, Google Chrome, OperaTM, or Mozilla Firefox
37. The method according to claim 36, wherein the web browser comprises of, or is based on, Microsoft Internet Explorer, Google Chrome, Opera™, or Mozilla Firefox®.
37. The device according to claim 34, wherein the web browser is a mobile web browser.
38. The method according to claim 36, wherein the web browser is a mobile web browser.
38. The device according to claim 37, wherein the mobile web browser comprises, or is based on, Safari, Opera Mini-, or Android web browser.
39. The method according to claim 38, wherein the mobile web browser comprises, or is based on, Safari, Opera Mini™, or Android web browser.
39. The device according to claim 34, wherein the computer program instructions, when executed, further cause the device to, in response to the determining that the first response is a proper response, use by the web browser, the received first response.
41. The method according to claim 40, wherein in response to the determining that the first response is a proper response, using, by the web browser, the received first response.
40. The device according to claim 34, wherein at least one of the steps is performed by an application that is integrated with the web browser in a form of a plug-in or an extension.
43. The method according to claim 42, wherein at least one of the steps performed by the client device is performed by an application that is integrated with the web browser in a form of a plug-in or an extension.
41. The device according to claim 1, wherein the determining whether the first response is a proper response comprises identifying and checking a HTTP status code that is received as part of the first response.
56. The method according to claim 1, wherein the determining whether the first response is a proper response comprises identifying and checking a HTTP status code that is received as part of the first response.
42. The device according to claim 41, wherein the first response is determined as a proper response responsive to a status code of 2xx.
57. The method according to claim 56, wherein the first response is determined as a proper response responsive to a status code of 2xx.
43. The device according to claim 41, wherein the first response is determined as not a proper response responsive to a status code of 4xx or 5xx.
58. The method according to claim 56, wherein the first response is determined as not a proper response responsive to a status code of 4xx or 5xx.
44. The device according to claim 41, wherein the first response is determined as not a proper response responsive to a status code of HTTP 404 error message.
59. The method according to claim 56, wherein the first response is determined as not a proper response responsive to a status code of HTTP 404 error message.
45. The device according to claim 1, wherein
the determining whether the first response is
a proper response comprises uses a timeout
mechanism.
60. The method according to claim 1, wherein the determining whether the first response is a proper response comprises using a timeout mechanism.
46. The device according to claim 45, wherein the first response is determined not a proper response in response to not receiving any response after elapsed defined time period after the sending of a respective HTTP request.
61. The method according to claim 60, wherein the first response is determined not a proper response in response to not receiving any response after elapsed defined time period after the sending of a respective HTTP request.
47. The device according to claim 1, wherein the determining whether the first response is a proper response comprises checking if an URL redirection is identified in the respective response, and wherein the respective response is determined as not a proper response responsive to detecting the URL redirection.
62. The method according to claim 1, wherein the determining whether the first response is a proper response comprises checking if an URL redirection is identified in the respective response, and wherein the respective response is determined as not a proper response responsive to detecting the URL redirection.
48. The device according to claim 47,
wherein the URL redirection is identified by
checking that a respective HTTP status code
is 3xx Redirection.
63. The method according to claim 62, wherein the URL redirection is identified by checking that a respective HTTP status code is 3xx Redirection.
49. The device according to claim 1, for use with a criterion, wherein the determining whether the first response is a proper response comprises verifying if the first response satisfies the criterion.
64. The method according to claim 1, for use with a criterion, wherein the determining whether the first response is a proper response comprises verifying if the first response satisfies the criterion.
50. The device according to claim 49, wherein the criterion is associated with a feature, characteristic, or type, of the respective response, wherein the criterion comprises a value, and wherein the respective response is determined as not proper in response to comparing the feature, characteristic, or type, of the respective response, to the value.
65. The method according to claim 64, wherein the criterion is associated with a feature, characteristic, or type, of the respective response, wherein the criterion comprises a value, and wherein the respective response is determined as not proper in response to comparing the respective response feature, characteristic, or type, to the value.
51. The device according to claim 50, wherein the criterion comprises a value of a size of a file, and wherein the respective response is determined as not proper in response to comparing the respective response size to the value.
66. The method according to claim 65, wherein the criterion comprises a value of a size of a file, and wherein the respective response is determined as not proper in response to comparing the respective response size to the value.
52. The device according to claim 51, for use with a group of multiple devices that includes a second device, wherein the computer program instructions, when executed, further cause the device to, select of the second device from the group.
67. The method according to claim 66, for use with a group of multiple devices that includes a second device, wherein the method further comprising selecting of the second device from the group.
53. The device according to claim 52, wherein the selecting is based on, or uses, load balancing.
68. The method according to claim 67, wherein the selecting is based on, or uses, load balancing.
54. The device according to claim 52, wherein the selecting is based on, or uses, random selection.
69. The method according to claim 67, wherein the selecting is based on, or uses, random selection.
55. The device according to claim 54, wherein the random selection uses, or is based on, one or more random numbers generated by a random number generator.
70. The method according to claim 69, wherein the random selection uses, or is based on, one or more random numbers generated by a random number generator.
56. The device according to claim 55, wherein the random number generator is hardware based.
71. The method according to claim 70, wherein the random number generator is hardware based.
57. The device according to claim 56, wherein the random number generator uses, or is based on, thermal noise, shot noise, nuclear decaying radiation, photoelectric effect, or quantum phenomena.
72. The method according to claim 71, wherein the random number generator uses, or is based on, thermal noise, shot noise, nuclear decaying radiation, photoelectric effect, or quantum phenomena.
58. The device according to claim 55, wherein the random number generator is software based.
73. The method according to claim 70, wherein the random number generator is software based.
59. The device according to claim 58, wherein the random number generator uses, or is based on, executing an algorithm for generating pseudo-random numbers.
74. The method according to claim 73, wherein the random number generator uses, or is based on, executing an algorithm for generating pseudo-random numbers.
60. The device according to claim 52, wherein the selecting is based on, or uses, an estimated geographical location of the second device, the device, the web server, or any combination thereof.
75. The method according to claim 67, wherein the selecting is based on, or uses, an estimated geographical location of the second device, the first device, the web server, or any combination thereof.
61. The device according to claim 60, wherein the computer program instructions, when executed, further cause the device to block further comprising estimating the geographical location using geolocation.
76. The method according to claim 75, further comprising estimating the geographical location using geolocation.
62. The device according to claim 1, further comprising a wearable device that is wearable on a person.
85. The method according to claim 1, wherein the first device or the first device comprises a wearable device that is wearable on a person.
63. The device according to claim 1,further being integrated, in part or entirely, in an appliance.
86. The method according to claim 1, wherein the first device or the first device is integrated, in part or entirely, in an appliance.
64. The device according to claim 1,further a single enclosure that is a hand-held enclosure or a portable enclosure.
87. The method according to claim 1, wherein the first device is housed in a single enclosure that is a hand-held enclosure or a portable enclosure.
65. The device according to claim 64, further being integrated with at least one of a notebook computer, a laptop computer, a media player, a Digital Still Camera (DSC), a Digital video Camera(DVC or digital camcorder), a Personal Digital Assistant (PDA), a cellular telephone, a digital camera, a video recorder, or a smartphone.
88. The method according to claim 87, wherein the first device is further integrated with at least one of a notebook computer, a laptop computer, a media player, a Digital Still Camera (DSC), a Digital video Camera (DVC or digital camcorder), a Personal Digital Assistant (PDA), a cellular telephone, a digital camera, a video recorder, or a smartphone.
66. The device according to claim 65, wherein the smartphone comprises, or is based on, an Apple iPhone 6 or a Samsung Galaxy S6.
89. The method according to claim 88, wherein the smartphone comprises, or is based on, an Apple iPhone 6 or a Samsung Galaxy S6.
67. The device according to claim 1, wherein the computer program instructions are included in a Software Development Kit (SDK) that is provided as a non-transitory computer readable medium.
93. The method according to claim 1, wherein at least part of steps of claim 1 are included in a Software Development Kit (SDK) that is provided as a non-transitory computer readable medium that contains computer instructions, and wherein the method further comprising installing the SDK.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Moustafa M Meky whose telephone number is (571)272-4005. The examiner can normally be reached Monday-Friday 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ario Etienne can be reached at 571-272-4001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MOUSTAFA M. MEKY
Primary Patent Examiner
Art Unit 2457
/MOUSTAFA M MEKY/ Primary Examiner, Art Unit 2457
07/07/2026
Prosecution Insights