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 . All the claims have been examined on the basis of the merit of the claims.
Priority
The present application is a continuation of application 18/884750 filed 09/13/2024 which is now patent 12375453. Application 18/884750 claims benefits from provisional application 63/627018 filed 01/30/2024. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/02/2025 is considered and attached.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 e-Terminal 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 1-28 are rejected on the ground of non-statutory double patenting as being unpatentable over claims of U.S. Patent No. 12375453 B1 as outlined in the table below. Although the claims at issue are not identical, they are not patentably distinct from each other because they are anticipated by the already patented claims.
Present application
US Patent No.: 12375453 B1
Claim 1
Claim 1 and claim 8
Claim 2
Claim 2
Claim 3
Claim 1
Claim 4
Claim 3
Claim 5
Claim 4
Claim 6
Claim 5
Claim 7
Claim 6
Claim 8
Claim 7
Claim 9
Claim 1 and claim 8
Claim 10
Claim 14
Claim 11
Claim 1
Claim 12
Claim 15
Claim 13
Claim 16
Claim 14
Claim 17
Claim 15
Claim 18
Claim 16
Claim 19
Claim 17
Claim 20
Claim 18
Claim 22
Claim 19
Claim 23
Claim 20
Claim 24
Claim 21
Claim 25
Claim 22
Claim 26
Claim 23
Claim 22
Claim 24
Claim 23
Claim 25
Claim 24
Claim 26
Claim 12
Claim 27
Claim 25
Claim 28
Claim 26
Allowable Subject Matter
Claims 1-28 are allowable.
The following is a statement of reasons for the indication of allowable subject matter:
In regard to claim 1, KUNDU discloses a smart display system for displaying content on multiple display screens, the smart display system (para 0023, a plurality of displays in an airport, fig. 2-4) comprising: multiple display screens ; one or more processor operatively connected to the multiple display screens; and at least one of a memory device and a non-transitory storage device storing computer program instructions executable on the one or more processor, wherein execution of the computer program instructions by the one or more processor configures the one or more processor to implement modules, servers, databases, components, and services (processors, program codes, para 0179, para 0114, 0106 to operate modules, servers, databases and components and services, fig. 2-4), in which: a multi-user flight information display (MUFID) Services module is operatively associated with a smart display services module, operatively associated with a Smart Data Entry module, and operatively associated with a smart display frontend module (figs. 2-4, fig. 6); an official airline guide (OAG) provides timely and actionable realtime flight data (figs. 2-4, real-time data feed, para 0073-0074 & 0078-0079); an Information Integrator component provides smart display MUFID services for fetching the flight data from the OAG and storing the flight data into a My SQL database (para 0081, airline data feed is received directly from airlines but may also be received from flight data feed vendors. Airline and flight data includes flight number, destination airport, departure airport, flight arrival and departure time, and flight status); an Open Integrator Hub component providing smart display services, which contain business logic to manage flight content and reads latest flight data from the My SQL database and provides realtime changes to a Smart Display Admin App called Smart Data Entry and Smart Display App (para 0041, providing a web server connected to the internet, wherein the web server is programmed to access the remote travel operations display system, wherein the web server has a data storage device, fig.2, data repository 141, para 0093); and one or more processor controls the multiple display screens to display content comprising at least a portion of the flight data (figs. 2-3, fig. 6 and 8. 8. These claimed modules and technology stack as claimed are equivalent modules or elements that essentially perform the same function as the prior art elements. MPEP 2186 Warner-Jenkinson Co. v. Hilton Davis Chemical Co., 520 U.S. 17, 40, 41 USPQ2d 1865, 1875 (1997). In determining equivalence, "[a]n analysis of the role played by each element in the context of the specific patent claim will thus inform the inquiry as to whether a substitute element matches the function, way, and result of the claimed element, or whether the substitute plays a role substantially different from the claimed element." 520 U.S. at 40, 41 USPQ2d at 1875." The claimed modules are used for "fetching and reading flight data and controlling display screens to display content." These functions are fully met by the prior art of Kundu's elements)),
KUNDU does not disclose “wherein a smart data entry application permits at least two different types of user authentication comprising: one in which the smart data entry application can integrate with Azure; and another based on a database login.”
Accordingly, the independent claim 1 would be allowed.
The independent claim 9 would be allowed by same rationale. In particular, the limitations of “wherein a smart data entry application permits at least two different types of user authentication comprising: one in which the smart data entry application can integrate with Azure; and another based on a database login,” are not taught by KUNDU.
The dependent claims 2-8 and 23-26 would also be allowable based on their respective dependencies from the independent claim 1. The dependent claims 10-22 and 27-28 are would also be allowable based on their respective dependencies from the independent claim 1.
Conclusion
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/DEEPROSE SUBEDI/Primary Examiner, Art Unit 2627