DETAILED ACTION
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 .
Claims 1-20 are pending.
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,260,291 (herein the ‘291 patent). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to and cover the same subject matter. As shown in the claim chart below, the limitations of instant claim 1 and claim 1 of the ‘291 patent contain similar, overlapping limitations such that the instant claims are rendered obvious by the claims of the ‘291 patent. The remaining dependent claims also recite similar, overlapping subject matter that render the instant claims obvious.
Instant claim 1
‘291 patent claim 1
A system for tracking user actions using deep links written into near field communication tags, the system comprising:
one or more processors and non-transitory media storing instructions that, when executed by the one or more processors, cause operations comprising:
A method for tracking user actions using visually scannable codes, the method comprising:
in connection with a first request to generate a near field communication payload that links a first operator and a user, generating interpretable code and a deep link for executing the interpretable code that, when executed, links the first operator and the user, wherein the first request comprises (1) first action data describing a first action (2) a first operator identifier corresponding to the first operator, and (3) a user identifier of the user;
receiving a first request to generate a first visually scannable code encoding a first action associated with both a user and a first operator, wherein the first request comprises first action data describing the first action;
in connection with the first request to generate the near field communication payload, writing the deep link into the near field communication payload of a near field communication tag;
in response to the first request, generating the first visually scannable code and storing, in a database, the first action data and a first operator identifier of the first operator; and in connection with the first visually scannable code, wherein the first visually scannable code embeds an identifier that enables retrieving the first action data and second action data associated with the user;
detecting an update request to the near field communication tag, wherein the update request comprises (1) second action data describing a second action associated with the user, and (2) a second operator identifier corresponding to a second operator;
receiving a second request to generate a second visually scannable code representing a second action associated with both the user and a second operator, wherein the second request comprises the second action data describing the second action;
in response to the update request, retrieving, using the deep link within the near field communication tag, the interpretable code associated with the deep link;
in response to the second request, generating the second visually scannable code and storing, in a database, the second action data and a second operator identifier of the second operators-and in connection with the second visually scannable code, wherein the second visually scannable code embeds the identifier that enables retrieving the first action data and the second action data;
generating, based on the second action data and the second operator identifier, updated interpretable code associated with the deep link, wherein the updated interpretable code causes a user interface comprising a first action identifier of the first action, a second action identifier of the second action, the first operator identifier, the second operator identifier, and the user identifier to be generated for display; and
in response to determining that the user completed the final action, retrieving the first action data and the second action data and updating, based on the first action data and the second action data. a first record associated with the first operator and a second record associated with the second operator, wherein updating the first record and the second record comprises:adding a first flag to the first record indicating a first portion of the final action, wherein the first portion is determined based on the first action data; and adding a second flag to the second record indicating a second portion of the final action, wherein the second portion is determined based on the second action data.
in response to receiving a data access request comprising the deep link, executing the updated interpretable code associated with the deep link.
receiving a second request to generate a second visually scannable code
representing a second action associated with both the user and a second operator, wherein the second request comprises the second action data describing the second action;
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,333,375 (herein the ‘375 patent). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to and cover the same subject matter. As shown in the claim chart below, the limitations of instant claim 1 and claim 1 of the ‘375 patent contain similar, overlapping limitations such that the instant claims are rendered obvious by the claims of the ‘375 patent. The remaining dependent claims also recite similar, overlapping subject matter that render the instant claims obvious.
Instant claim 1
‘375 patent claim 1
A system for tracking user actions using deep links written into near field communication tags, the system comprising:
one or more processors and non-transitory media storing instructions that, when executed by the one or more processors, cause operations comprising:
A system for tracking user actions using deep links written into near field communication tags, the system comprising:
one or more processors; and
one or more non-transitory, computer-readable storage media storing instructions, which, when executed by the one or more processors, cause the one or more processors to perform operations comprising:
in connection with a first request to generate a near field communication payload that links a first operator and a user, generating interpretable code and a deep link for executing the interpretable code that, when executed, links the first operator and the user, wherein the first request comprises (1) first action data describing a first action (2) a first operator identifier corresponding to the first operator, and (3) a user identifier of the user;
receiving, from a first operator, a first request to generate a near field communication payload that links the first operator and a user, wherein the first request comprises (1) first action data describing a first action (2) a first operator identifier corresponding to the first operator, and (3) a user identifier of the user;
in connection with the first request to generate the near field communication payload, writing the deep link into the near field communication payload of a near field communication tag;
in response to the first request, generating interpretable code and a deep link for executing the interpretable code, wherein the interpretable code links the first operator, the user, and the first action using the first operator identifier and the user identifier of the user;
detecting an update request to the near field communication tag, wherein the update request comprises (1) second action data describing a second action associated with the user, and (2) a second operator identifier corresponding to a second operator;
detecting an update request to the near field communication tag, wherein the update request comprises (1) second action data describing a second action associated with the user, and (2) a second operator identifier corresponding to a second operator;
in response to the update request, retrieving, using the deep link within the near field communication tag, the interpretable code associated with the deep link;
generating, based on the second action data and the second operator identifier, updated interpretable code associated with the deep link, wherein the updated interpretable code causes a user interface comprising a first action identifier of the first action, a second action identifier of the second action, the first operator identifier, the second operator identifier, and the user identifier to be generated for display; and
generating updated interpretable code based on the second action data and the second operator identifier, wherein the updated interpretable code causes a user interface comprising a first action identifier of the first action, a second action identifier of the second
action, the first operator identifier, the second operator identifier, and the user identifier to be generated for display;
in response to receiving a data access request comprising the deep link, executing the updated interpretable code associated with the deep link.
receiving a data access request comprising the deep link; and
based on receiving the data access request comprising the deep link, executing the updated interpretable code associated with the deep link.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW MIKELS whose telephone number is (571)270-5470. The examiner can normally be reached Monday to Thursday 7:00 AM ET - 4:30 PM ET, Friday 7:00 AM ET - 11:00 AM ET, the Examiner is on central time.1
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael G Lee can be reached at 571-272-2398. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW MIKELS/Primary Examiner, Art Unit 2876
1 The Examiner can also be reached at matthew.mikels@uspto.gov.