DETAILED ACTION
In response to communications filed 25 June 2026, claims 1 and 13 are amended per applicant’s request. Claims 1-20 are pending.
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 .
Allowable Subject Matter
Claims 1-20 would be allowable if (i) rewritten or amended to overcome the non-statutory double patenting rejection on record or (ii) a terminal disclaimer is filed.
Response to Arguments
Applicant’s arguments, see “Double Patenting,” filed 25 June 2026, with respect to claims 1-20 have been fully considered but are not persuasive. Applicant’s arguments that “this rejection be held in abeyance” is not persuasive, because it does not address the double patenting rejection on record. The examiner suggests that applicant file a terminal disclaimer to overcome this rejection and advance prosecution.
Applicant’s arguments, see “35 USC 103,” filed 25 June 2026, with respect to claims 1 and 13 have been fully considered and are persuasive. The rejection of claims 1-20 has been withdrawn.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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,346,389. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the following table.
Instant Application
US 12,346,389 B2
1. A computer-implemented method comprising:
receiving a user request;
in response to receiving the user request, sending a data request to a server over a network;
receiving a subset of the requested data from the server;
causing storage of the received subset of the requested data at a data storage;
rendering a chart for display using the stored subset of the requested data;
rendering an additional linked chart for display using the stored subset of requested data, wherein the additional linked chart shares at least a portion of the stored subset of the requested data and one or more parameters with the chart, and wherein each of the chart and the additional linked chart generates a graphical visualization of the data;
sending a request for updated data to the server over the network to update the rendered chart;
receiving a data update from the server;
updating the chart and the additional linked chart using the received updated data;
detecting a number of inputs relating to the rendered chart;
queuing a number of changes to the chart as number of inputs are detected, wherein the queued number of changes comprise one or more filtering operations to be applied to the stored subset of the requested data at the data storage; and
causing updates to the rendered chart and/or the additional linked chart that incorporates the detected number of changes by applying the one or more filtering operations to the stored subset of the requested data at the data storage, using the data storage as a substitute for the server and without sending an additional request to the server.
1. A method comprising:
at an application running on a mobile device with data storage, the application in communication with a network and a server,
receiving a user request from a user;
at the application, in response to receiving the user request, sending a data request for data to the server over the network;
at the application, receiving a subset of the requested data from the server;
at the application, causing storage of the received subset of requested data on the data storage of the mobile device;
at the application, using the stored subset of requested data to render a chart for display on the mobile device;
[claim 6: linked charts to share limit parameters and use them for cross-chart filtering]
at the application, sending a request for data updates to the server over the network to update the rendered chart, wherein the request for data updates includes a timestamp range limit parameter for the requested data updates;
at the application, receiving a data update from the server, wherein the data in the data update includes data matching the limit parameter for the requested data update;
at the application, using the received data update to update the chart for display on the mobile device;
at the application, receiving input from the user regarding the rendered chart;
at the application, as the rendered chart is interacted with by the user on the mobile device, queuing chart changes as they are received; and
[claim 8: parameters among linked charts including filtering data]
deferring updating the chart until a predetermined time before the chart is rendered.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 11,921,804. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the following table.
Instant Application
US 11,921,804 B2
1. A computer-implemented method comprising:
receiving a user request;
in response to receiving the user request, sending a data request to a server over a network;
receiving a subset of the requested data from the server;
causing storage of the received subset of the requested data at a data storage;
rendering a chart for display using the stored subset of the requested data;
rendering an additional linked chart for display using the stored subset of requested data, wherein the additional linked chart shares at least a portion of the stored subset of the requested data and one or more parameters with the chart, and wherein each of the chart and the additional linked chart generates a graphical visualization of the data;
sending a request for updated data to the server over the network to update the rendered chart;
receiving a data update from the server;
updating the chart and the additional linked chart using the received updated data;
detecting a number of inputs relating to the rendered chart;
queuing a number of changes to the chart as number of inputs are detected, wherein the queued number of changes comprise one or more filtering operations to be applied to the stored subset of the requested data at the data storage; and
causing updates to the rendered chart and/or the additional linked chart that incorporates the detected number of changes by applying the one or more filtering operations to the stored subset of the requested data at the data storage, using the data storage as a substitute for the server and without sending an additional request to the server.
1. A method comprising:
at an application running on a mobile device with data storage, the application in communication with a network and a server, receiving a user request from a user;
at the application, in response to receiving the user request, sending a data request for data to the server over the network;
at the application, receiving a subset of the requested data from the server;
at the application, causing storage of the received subset of requested data on the data storage of the mobile device;
at the application, using the stored subset of requested data to render a first chart for display on the mobile device;
[claim 5: linked charts to share limit parameters and use them for cross-chart filtering]
at the application, sending a request for data updates to the server over the network to update the rendered first chart,
wherein the request for data updates includes a limit parameter for the requested data updates;
at the application, receiving a data update from the server, wherein the data in the data update includes data matching the limit parameter for the requested data update;
at the application, using the received data update to update the first chart for display on the mobile device;
at the application, receiving input from the user regarding the rendered first chart;
at the application, as the rendered first chart is interacted with by the user on the mobile device, queuing chart changes as they are received;
[claim 8: parameters among linked charts including filtering data]
deferring updating the first chart until a predetermined time before the first chart is rerendered;
at the application, using the received data update to render a second chart, wherein the second chart is a different type of chart than the first chart;
receiving navigation input from the user in the first chart while the second rendered chart is displayed, introducing a filter action in a second chart based on the input in the first chart.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 11,645,343. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the following table.
Instant Application
US 11,645,343 B2
1. A computer-implemented method comprising:
receiving a user request;
in response to receiving the user request, sending a data request to a server over a network;
receiving a subset of the requested data from the server;
causing storage of the received subset of the requested data at a data storage;
rendering a chart for display using the stored subset of the requested data; rendering an additional linked chart for display using the stored subset of requested data, wherein the additional linked chart shares at least a portion of the stored subset of the requested data and one or more parameters with the chart, and wherein each of the chart and the additional linked chart generates a graphical visualization of the data;
sending a request for updated data to the server over the network to update the rendered chart;
receiving a data update from the server;
updating the chart and the additional linked chart using the received updated data;
detecting a number of inputs relating to the rendered chart;
queuing a number of changes to the chart as number of inputs are detected, wherein the queued number of changes comprise one or more filtering operations to be applied to the stored subset of the requested data at the data storage; and
causing updates to the rendered chart and/or the additional linked chart that incorporates the detected number of changes by applying the one or more filtering operations to the stored subset of the requested data at the data storage, using the data storage as a substitute for the server and without sending an additional request to the server.
1. A method of managing data, comprising:
at an application running on a mobile device with data storage, the application in communication with a network and a server;
receiving a user request from a user to chart data;
at the application, sending a request for data to the server over the network to be used to render the chart,
at the application, receiving a subset of the requested data from the server, wherein the received subset of the requested data includes timestamp data, at the application, causing storage of the received subset of requested data on the data storage of the
mobile device;
at the application, using the stored subset of requested data to render a chart for display on the mobile device;
at the application, sending a request for data updates to the server over the network to be used to update the rendered chart, wherein the request for data updates includes a timestamp range for the requested data updates;
at the application, receiving a data update from the server, wherein the data in the data update includes timestamp data matching the timestamp range for the requested data update;
at the application, using the received data update to update the chart for display on the mobile device;
at the application, receiving input from the user regarding the rendered chart;
at the application, as the rendered chart is interacted with by a user on the mobile device, queuing chart changes as they are received; and
deferring updating the chart until a preselected time before the chart is rendered;
at the application, researching additional data related to the stored subset of requested data including subview filtering;
at the application, causing storage of the researched additional data; and
at the application, using the stored researched additional data to alter the rendered chart.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kristopher Andersen whose telephone number is (571)270-5743. The examiner can normally be reached 8:30 AM-5:00 PM ET, Monday-Friday.
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, Ann Lo can be reached at (571) 272-9767. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kristopher Andersen/Primary Examiner, Art Unit 2159
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