Prosecution Insights
Last updated: October 02, 2026
Application No. 19/254,712

Tailored Messaging

Non-Final OA §DP
Filed
Jun 30, 2025
Priority
Jul 12, 2013 — provisional 61/845,613 +7 more
Examiner
ROBINSON, CHRISTOPHER B
Art Unit
2447
Tech Center
2400 — Computer Networks
Assignee
Trading Technologies International Inc.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
447 granted / 501 resolved
+31.2% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
19 currently pending
Career history
522
Total Applications
across all art units

Statute-Specific Performance

§101
10.5%
-29.5% vs TC avg
§103
61.1%
+21.1% vs TC avg
§102
16.9%
-23.1% vs TC avg
§112
5.4%
-34.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 501 resolved cases

Office Action

§DP
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. 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 2. 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 time wise 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 either is anticipated by, or would have been obvious over, the reference claim. 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 §§ 706.02(l) (1) - 706.02(l) (3) 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 USPTO Internet website contains terminal disclaimer forms, which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp. 3. Claim(s) 1-20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1 of U.S. Patent No. 11,687,609 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because Claim(s) 1, 8 & 15 of the current application directly matches to the elements of Claim(s) 1 of U.S. Patent No. 11,687,609 B2. 4. The table below shows only a sample of how each of these claims is anticipated by claims such as Claim 1 of U.S. Patent No. 11,687,609 B2. Instant Application 19/254,712 Patent No. 11,687,609 B2 1. A method including: 1. A computer readable medium having stored therein instructions executable by a processor, including instructions executable to: generating, by a computing device, a first snapshot representative of a first state of a dataset at a first time; store a snapshot message in a first buffer, wherein the snapshot message represents a state of a data source at a first time; sending, by the computing device, the first snapshot to a first subscribing device and a second subscribing device; send a first snapshot message from the first buffer using the stored snapshot message to a first recipient device; and send a second snapshot message from the first buffer using the stored snapshot message to a second recipient device; generating, by the computing device, a plurality of deltasnaps, each of the plurality of deltasnaps representing a difference between the first state of the dataset at the first time and a subsequent state of the dataset at a time subsequent to the first time; store a deltasnap message in a second buffer, wherein the deltasnap message represents a difference between the state of the data source at a second time and the state of the data source at the first time; based on a first update rate, sending, by the computing device, a first portion of the plurality of deltasnaps to the first subscribing device; and send a first deltasnap message from the second buffer using the stored deltasnap message to the first recipient device; and based on a second update rate, sending, by the computing device, a second portion of the plurality of deltasnaps to the second subscribing device. send a second deltasnap message from the second buffer using the stored deltasnap message to the second recipient device. 8. A computer readable medium including instructions which, when executed, cause a machine to at least: generate a first snapshot representative of a first state of a dataset at a first time; send the first snapshot to a first subscribing device and a second subscribing device; generate a plurality of deltasnaps, each of the plurality of deltasnaps representing a difference between the first state of the dataset at the first time and a subsequent state of the dataset at a time subsequent to the first time; based on a first update rate, send a first portion of the plurality of deltasnaps to the first subscribing device; and based on a second update rate, send a second portion of the plurality of deltasnaps to the second subscribing device. 1. A computer readable medium having stored therein instructions executable by a processor, including instructions executable to: store a snapshot message in a first buffer, wherein the snapshot message represents a state of a data source at a first time; send a first snapshot message from the first buffer using the stored snapshot message to a first recipient device; and send a second snapshot message from the first buffer using the stored snapshot message to a second recipient device; store a deltasnap message in a second buffer, wherein the deltasnap message represents a difference between the state of the data source at a second time and the state of the data source at the first time; send a first deltasnap message from the second buffer using the stored deltasnap message to the first recipient device; and send a second deltasnap message from the second buffer using the stored deltasnap message to the second recipient device. 15. A computing device including: a processor; and memory storing computer readable instructions which, when executed by the processor, configure the processor to: generate a first snapshot representative of a first state of a dataset at a first time; s end the first snapshot to a first subscribing device and a second subscribing device; generate a plurality of deltasnaps, each of the plurality of deltasnaps representing a difference between the first state of the dataset at the first time and a subsequent state of the dataset at a time subsequent to the first time; based on a first update rate, send a first portion of the plurality of deltasnaps to the first subscribing device; and based on a second update rate, send a second portion of the plurality of deltasnaps to the second subscribing device. 1. A computer readable medium having stored therein instructions executable by a processor, including instructions executable to: store a snapshot message in a first buffer, wherein the snapshot message represents a state of a data source at a first time; send a first snapshot message from the first buffer using the stored snapshot message to a first recipient device; and send a second snapshot message from the first buffer using the stored snapshot message to a second recipient device; store a deltasnap message in a second buffer, wherein the deltasnap message represents a difference between the state of the data source at a second time and the state of the data source at the first time; send a first deltasnap message from the second buffer using the stored deltasnap message to the first recipient device; and send a second deltasnap message from the second buffer using the stored deltasnap message to the second recipient device. 2. The computer readable medium of claim 1, wherein the first snapshot message is a first portion of the snapshot message in the first buffer, wherein the second snapshot message is a second portion of the snapshot message in the first buffer. 3. The computer readable medium of claim 1, wherein the snapshot message is organized into a plurality of data levels, wherein the plurality of data levels includes a first data level and a second data level. 4. The computer readable medium of claim 3, wherein the plurality of data levels are organized in descending order of interest. 5. The computer readable medium of claim 3, wherein each data level of the plurality of data levels is associated with a plurality of values. 6. The computer readable medium of claim 3, wherein the first snapshot message includes the first data level, wherein the second snapshot message includes the first data level and the second data level. 7. The computer readable medium of claim 1, further including instructions executable to: generate a first partition table into the first buffer, wherein the first partition table indicates a first partitionable location of the snapshot message and a second partitionable location of the snapshot message. 8. The computer readable medium of claim 7, wherein the first snapshot message includes the snapshot message up to the first partitionable location, wherein the second snapshot message includes the snapshot message up to the second partitionable location. 9. The computer readable medium of claim 1, wherein the first snapshot message is based on a number of data levels requested by the first recipient device, wherein the second snapshot message is based on a number of data levels requested by the second recipient device. 10. The computer readable medium of claim 1, wherein the first snapshot message includes a larger portion of the snapshot message than the second snapshot message. 11. The computer readable medium of claim 1, wherein the first deltasnap message includes one or more actions instructing the first recipient device to modify the state represented by the first snapshot message to reflect the state of the data source at the second time, wherein the second deltasnap message includes one or more actions instructing the second recipient device to modify the state represented by the first snapshot message to reflect the state of the data source at the second time. 12. The computer readable medium of claim 1, wherein the first deltasnap message is a first portion of the deltasnap message in the second buffer, wherein the second deltasnap 13. The computer readable medium of claim 1, wherein the snapshot message is organized into a plurality of data levels, wherein the first deltasnap message includes one or more actions for each of the respective data levels instructing the first recipient device to modify the state represented by the respective data level of the first snapshot message to reflect the state of the data source at the second time, wherein the second deltasnap message includes one or more actions for each of the respective data levels instructing the second recipient device to modify the state represented by the respective data level of the second snapshot message to reflect the state of the data source at the second time. . 14. The computer readable medium of claim 13, wherein the plurality of data levels includes a first data level and a second data level, wherein the first deltasnap message includes actions for the first data level, wherein the second deltasnap message includes actions for the first data level and the second data level. 15. The computer readable medium of claim 1, further including instructions executable to: generate a first partition table into the second buffer, wherein the first partition table indicates a first partitionable location of the deltasnap message and a second partitionable location of the deltasnap message 16. The computer readable medium of claim 15, wherein the first deltasnap message includes the deltasnap message up to the first partitionable location, wherein the second deltasnap message includes the deltasnap message up to the second partitionable location. 17. The computer readable medium of claim 1, wherein the first deltasnap message is based on a number of data levels requested by the first recipient device, wherein the second deltasnap message is based on a number of data levels requested by the second recipient device. 18. The computer readable medium of claim 1, wherein the first deltasnap message includes a larger portion of the deltasnap message than the second deltasnap message. 19. The computer readable medium of claim 1, wherein the data source represents a market for a tradeable object, wherein the first recipient device is a first electronic trading device, wherein the second recipient device is a second electronic trading device. 20. The computer readable medium of claim 19, wherein a gateway including the processor is in communication with the first electronic trading device and the second electronic trading device. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Newport et al. (US 2006/0048020 A1) The invention is generally directed to distributed computing systems, and in particular, to the management of state data in distributed computing systems. Broda et al. (US 2008/0046568 A1) The present invention relates in general to enterprise information systems. More particularly, the present invention relates to methods and apparatus for optimizing the delivery of data to a device. Beauchamp et al. (US 7,945,846 B2) The present invention relates in general to enterprise information systems. More particularly, the present invention relates to methods and apparatus for optimizing the delivery of data to a device. Greenfield et al. (US 2009/0164386 A1) The present invention relates generally to the post-trade settlement process. More specifically, the present invention relates to a method and system for the standardized reporting of failed trades. Alves et al (US 2008/0301135 A1) An event processor can use event processing queries to operate on an event stream. Event processing queries can include a "matching" function that matches a pattern in the event stream. The disclosed embodiments relate to implementation of a trading system, which may also be referred to as a trading system architecture, having improved performance which further assures transactional determinism under increasing processing transaction loads while providing improved trading opportunities, fault tolerance, low latency processing, high volume capacity, risk mitigation and market protections with minimal impact, as well as improved and equitable access to information and opportunities. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER B ROBINSON whose telephone number is (571)270-0702. The examiner can normally be reached on M-F 7:00-3:00 EST. 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, Nicholas R Taylor can be reached on 571-272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHRISTOPHER B ROBINSON/Primary Examiner, Art Unit 2443
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Prosecution Timeline

Jun 30, 2025
Application Filed
Sep 24, 2026
Non-Final Rejection mailed — §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
96%
With Interview (+6.8%)
2y 1m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 501 resolved cases by this examiner. Grant probability derived from career allowance rate.

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