DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is in response to the correspondence filed on 05/06/25. Claims 1-8 are still pending and have been considered below.
Claim Objections
Claim 2 is objected to because of the following informalities: line 2 should be amended to recite, “…from [[the]]an organizational database…”. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: lines 2-3 should be amended to recite, “…in [[the]]an organizational database…”. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: line 1 should be amended to recite, “…define [[the]]a tool or technique…”. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: line 3 should be amended to recite, “…to access the corresponding application…”. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: line 2 should be amended to recite, “…from [[the]]an organizational database…”. Appropriate correction is required.
Claim 8 is objected to because of the following informalities: lines 2-3 should be amended to recite, “…before [[the]]an authorization…”. Appropriate correction is required.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-8 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-8 of prior U.S. Patent No. 12,314,384. This is a statutory double patenting rejection.
Examiner notes that should Applicant choose to amend the claim language to obviate the aforementioned statutory double patenting rejection while keeping the overall inventive concept similar, the instant application could then potentially be rejected under a non-statutory type double patenting rejection against the referenced patent; thus, Applicant is kindly requested to consider whether or not the filing of a terminal disclaimer is necessary when making any further amendments.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Stainman et al. (2012/0102489).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD ZEE whose telephone number is (571)270-1686. The examiner can normally be reached Monday-Friday 9AM-5PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amir Mehrmanesh can be reached at (571) 270-3351. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/EDWARD ZEE/Primary Examiner, Art Unit 2435
Prosecution Insights