DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This office action is responsive to communication filed 06/12/20226.
Information Disclosure Statement
The information disclosure statement filed 06/17/2026 fails to comply with 37 CFR 1.98(a)(1), which requires the following: (1) a list of all patents, publications, applications, or other information submitted for consideration by the Office; (2) U.S. patents and U.S. patent application publications listed in a section separately from citations of other documents; (3) the application number of the application in which the information disclosure statement is being submitted on each page of the list; (4) a column that provides a blank space next to each document to be considered, for the examiner’s initials; and (5) a heading that clearly indicates that the list is an information disclosure statement. The information disclosure statement has been placed in the application file, but the information referred to therein has not been considered.
Double Patenting
Claim 1 is directed to the same invention as that of claims 1 and 19 of commonly assigned U. S .Patent No. 11/956,301. The issue of priority under pre-AIA 35 U.S.C. 102(g) and possibly pre-AIA 35 U.S.C. 102(f) of this single invention must be resolved.
The U.S. Patent and Trademark Office normally will not institute an interference between applications or a patent and an application having common ownership (see MPEP Chapter 2300). Either the applicant must amend or cancel claims such that the reference and the instant application no longer contain claims directed to the same invention, or the assignee must state which entity is the prior inventor of the commonly claimed subject matter. A terminal disclaimer has no effect in this situation since the basis for refusing more than one patent is priority of invention under pre-AIA 35 U.S.C. 102(f) or (g) and not an extension of monopoly.
Failure to comply with this requirement will result in a holding of abandonment of this application.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Claim 1 of US Application No. 19/240,178 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 17 of U.S. Patent No. 12,368,769. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1 and 17 of the U.S. Patent mentioned above, contain every element of claim 1 of the instant application and thus anticipate the claim of the instant application. Claim 1 of the instant application are therefore not patently distinct from claims 1 and 17 of the U.S. Patent No. 12,368,769 and as such are unpatentable over obvious-type double patenting.
Claim 1 of US Application No. 19/240,178 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1and 19 of U.S. Patent No. 11,956,301. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1 and 19 of the U.S. Patent mentioned above, contain every element of claim 1 of the instant application and thus anticipate the claim of the instant application. Claim 1 of the instant application are therefore not patently distinct from claims 1 and 19 of the U.S. Patent No. 11,956,301 and as such are unpatentable over obvious-type double patenting.
"A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus). " ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
Please see the table below:
US Application No. 19/216,102
US Patent Number 12,354,113
1. A system, comprising:
one or more memories to store:
identification information to be used upon logging in to the system, first name information which indicates a name associated with the identification information, and communication information relating to a communication session; and
processing circuitry configured to:
transmit, via a network, the first name information to a transmission terminal that has logged in to the system based on the identification information;
receive, via the network from the transmission terminal, second name information which is different from the first name information, the second name information being a name displayed during a communication session established based on the communication information; and
store, in the one or more memories, the second name information received from the transmission terminal in association with the communication information.
1. A system, comprising:
one or more memories to store:
identification information to be used upon logging in to the system, first name information which indicates a first name associated with the identification information, and communication information relating to a communication session; and processing circuitry configured to:
transmit, via a network, the first name information to a transmission terminal that has logged in to the system based on the identification information so that the transmission terminal displays the first name indicated by the first name information; receive, via the network from the transmission terminal, second name information, the second name information being a second name displayed during a communication session established based on the communication information; and store, in the one or more memories, the second name information received from the transmission terminal in association with the communication information.
9. A method comprising: transmitting, via a network, first name information to a transmission terminal that has logged in based on identification information so that the transmission terminal displays the first name indicated by the first name information, the first name information indicating a first name associated with the identification information; receiving, via the network from the transmission terminal, second name information, the second name information being a second name displayed during a communication session established based on communication information which relates to the communication session; and storing, in one or more memories, the second name information received from the transmission terminal in association with the communication information.
17. A system, comprising: a transmission terminal; and a device, including: one or more memories to store: identification information to be used upon logging in to the system, first name information which indicates a first name associated with the identification information, and communication information relating to a communication session; and first processing circuitry configured to: transmit, via a network, the first name information to the transmission terminal that has logged in to the system based on the identification information, so that the transmission terminal displays the first name indicated by the first name information; receive, via the network from the transmission terminal, second name information, the second name information being a second name displayed during a communication session established based on the communication information; and store, in the one or more memories, the second name information received from the transmission terminal in association with the communication information.
Please see the table below:
US Application No. 19/216,102
US Patent Number 11,354,113
1. A system, comprising:
one or more memories to store:
identification information to be used upon logging in to the system,
first name information which indicates a name associated with the identification information, and communication information relating to a communication session; and
processing circuitry configured to:
transmit, via a network, the first name information to a transmission terminal that has logged in to the system based on the identification information;
receive, via the network from the transmission terminal, second name information which is different from the first name information, the second name information being a name displayed during a communication session established based on the communication information; and
store, in the one or more memories, the second name information received from the transmission terminal in association with the communication information.
A system, comprising:
one or more memories to store: identification information to be used upon logging in to the system,
first name information which indicates a name associated with the identification information, and communication information relating to a communication session; and processing circuitry configured to:
transmit, via a network, the first name information to a transmission terminal that has logged in to the system based on the identification information;
receive, via the network from the transmission terminal, second name information which is different from the first name information, the second name information being a name displayed during a communication session established based on the communication information; and
store, in the one or more memories, the second name information received from the transmission terminal in association with the communication information.
19. A system, comprising: a transmission terminal; and a device, including one or more memories to store: identification information to be used upon logging in to the device, first name information which indicates a name associated with the identification information, and communication session information relating to a scheduled communication session; and processing circuitry configured to: transmit the first name information to a transmission terminal that has logged in to the device based on the identification information; receive, from the transmission terminal, second name information which is different from the first name information, the second name information being a name displayed in a communication session held based on the communication session information; and store, in the one or more memories, the second name information in association with the communication session information.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YVES DALENCOURT whose telephone number is (571)272-3998. The examiner can normally be reached M-F 8AM-5:30PM.
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, Ario Etienne can be reached at 571-272-4001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YVES DALENCOURT/Primary Examiner, Art Unit 2457
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