DETAILED ACTION
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 1-18 of U.S. Patent No. 12,360,926. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter in the instant application is at least fully disclosed in the reference patent.
Claim 1 of the instant application is anticipated by the patent’s claim 1 in that claim 1 of the patent contains all the limitation of claim 1 of the instant application. Please see below for the claim comparison.
Further, the limitation of the other claims 2-20 are found with minor variations in the teaching of the patent claims 1-18.
Instant Application (19/234,987)
Patent No. 12,360,926
Claim 1: A method including:
obtaining by at least one processor an element to be processed;
Claim 1: A system including:
a memory configured to provide:
a first buffer for storing a number of elements for processing; and
a second buffer for storing elements for adding to the first buffer; and
at least one processor configured to:
obtain an element to be processed;
determining by the at least one processor that a number of elements in a first buffer in a memory for storing elements for processing is greater than a first threshold;
determine that the number of elements in the first buffer is greater than a first threshold;
implementing by the at least one processor a number of worker threads that add elements to the first buffer, wherein the first threshold is at most the total number of elements for which the first buffer has capacity less the number of worker threads; and
implement a number of worker threads that add elements to the first buffer, wherein the first threshold is at most the total number of elements for which the first buffer has capacity less the number of worker threads; and
adding by the at least one processor the obtained element to a second buffer in the memory for storing elements for adding to the first buffer.
add the obtained element to the second buffer.
Allowable Subject Matter
Claims 1-20 are regarded as comprising allowable subject matter and would be allowable upon filing and acceptance of the Terminal Disclaimer to overcome the set forth double patenting rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG H DANG whose telephone number is (571)272-0470. The examiner can normally be reached Monday-Friday 9:30AM - 6:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Henry Tsai can be reached at (571)272-4176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHONG H DANG/Primary Examiner, Art Unit 2184
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