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.
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-disclaimen
Claims 21-40 are rejected on the ground of nonstatutory obviousness-type
double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,368,768.
Although the conflicting claims are not identical, they are not patentably distinct from each other
because Claims 1-20 of U.S. Patent No. 12,368,768 contains every element of claims 21-40 of the instant application and thus anticipated the claims of the instant application.
Claims 21-40 of the instant application therefore are not patently distinct from the earlier patent claims and as such are unpatentable over obvious-type double patenting. A later patent/application claim is not patentably distinct from an earlier claim if the later claim is anticipated by the earlier claim.
Instant Application 19,221,048
Pat. No. U.S. 12,368,768 B1
21. (New) An apparatus, comprising: one or more processors; and one or more computer-readable non-transitory storage media comprising instructions that, when executed by the one or more processors, cause one or more components of the apparatus to perform operations comprising:
receiving, using one or more stateless protocols, data associated with a web application;
determining, using the one or more stateless protocols, a stateless operation by performing stateless pre-processing on the data associated with the web application;
determining, using the one or more stateless protocols, one or more contextual features associated with the stateless operation;
determining, using a notification service, an augmented notification by applying an augmentation operation on the one or more contextual features and the stateless operation; and
determining, using the notification service, a stateful operation using the augmented notification.
23. (New) The apparatus of claim 21, wherein the data associated with the web application is received from a first user interface (UI) client device; the operations further comprising:
receiving a request for an update on the data associated with the web application from a second UI client device; and
in response to receiving the request, communicating the stateful operation to the second UI client device.
1. An apparatus, comprising: one or more processors; and one or more computer-readable non-transitory storage media comprising instructions that, when executed by the one or more processors, cause one or more components of the apparatus to perform operations comprising:
receiving, using one or more Representational State Transfer (REST) Application Programming Interfaces (APIs), data associated with a web application from a first user interface (UI) client device;
determining, using the one or more REST APIs, a stateless operation by performing stateless pre-processing on the data associated with the web application;
determining, using the one or more REST APIs, one or more contextual features associated with the stateless operation;
determining, using a notification service, an augmented notification by applying an augmentation operation on the one or more contextual features and the stateless operation;
determining, using the notification service, a stateful operation using the augmented notification;
receiving a request for an update on the data associated with the web application from a second UI client device; and
in response to receiving the request, communicating the stateful operation to the second UI client device.
Claims 22, 24-40
Claims 2-20
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20070038740-A1
US-20100227632-A1
US-20200226185-A1
US-20200218532-A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUOC H NGUYEN whose telephone number is (571)272-3919. The examiner can normally be reached M-F: 7:30 am -3:30 pm.
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/PHUOC H NGUYEN/Primary Examiner, Art Unit 2451
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