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 .
This action is in response to the communication filed on July 07, 2025.
Claims 1-20 are examined and are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 07, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No. 12,353,478 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the current application 19261,558 and the patent US 12,353,478 B2 both directed generating data collection graphical user interface (GUI) by executing code at the end user device. The current application just omitted some limitations from the patented claims. Such omitting does not change the scope the invention and can perform same functionality. Therefore, the current application is not patentable over the Patent No. 12,353,478 B2.
"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).
6. Claims1-20 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. 12,353,478 B2. This is a non-statutory double patenting rejection.
Present Application: 19261558
Patent: US 12,353,478 B2
1. A system comprising: a controller; a database controlled by the controller; a memory in communication with the controller, wherein the memory includes: an end-user executable code that, when executed on an end-user device, generates a data collection graphical user interface (GUI) and stores data received through the data collection GUI in a database structure; and a business software management code that, when executed on an end- user device, provides a user update entry GUI for modifying the end-user executable code by providing instructions relating to the one or more information prompts; in response to executing program instructions associated with the business software management code, the controller: receives, via the user update entry GUI, a user update to modify the end- user executable code; and modifies the end-user executable code and/or the database structure; in response to executing the program instructions associated with the modified end-user executable code on the end-user device, the controller: generates a GUI according to the modified end-user executable code.
2. The system of claim 1, wherein the end-user executable code further includes a reporting GUI structure to be used when presenting the stored data and, in response to a request to report the data in the database, the controller generates a reporting GUI using the code and the data.
3. The system of claim 2, wherein the reporting GUI structure to be used when presenting the stored data includes a graph.
4. The system of claim 2, wherein the reporting GUI structure to be used when presenting the stored data includes a chart.
5. The system of claim 1, wherein the end-user executable code further includes program instructions which generate an alert, the alert including a user response.
6. The system of claim 5, wherein the alert generated is an SMS message.
7. The system of claim 5, wherein the alert generated is an email.
8. The system of claim 1, wherein data in the database structure includes a user response received in response to the information prompt presented by the data collection GUI, and wherein the user response stored in the database is transmitted to another computerized system.
9. The system of claim 1, wherein the information prompt presented by the data collection GUI includes a JavaScript element.
10. The system of claim 1, wherein data in the database structure includes a user response received in response to the information prompt presented by the data collection GUI, and wherein at least one user response stored in the database is acquired from a barcode scanner.
11. A method comprising: providing: a controller; a database controlled by the controller; a memory in communication with the controller, wherein the memory includes: an end-user executable code that, when executed on an end-user device, generates a data collection graphical user interface (GUI) and stores data received through the data collection GUI in a database structure; and a business software management code that, when executed on an end-user device, provides a user update entry GUI for modifying the end-user executable code by providing instructions relating to the one or more information prompts; and executing program instructions associated with the business software management code, causing the controller to: receive, via the user update entry GUI, a user update to modify the end- user executable code; and modify the end-user executable code and/or the database structure; executing program instructions associated with the modified end-user executable code on the end-user device, causing the controller to: generate a GUI according to the modified end-user executable code.
12. The method of claim 11, wherein the end-user executable code further includes a reporting GUI structure to be used when presenting the stored data and, in response to receiving a request to report the data in the database, the controller generates a reporting GUI using the code and the data.
13. The method of claim 12, wherein the reporting GUI structure to be used when presenting the stored data includes a graph.
14. The method of claim 12, wherein the reporting GUI structure to be used when presenting the stored data includes a chart.
15. The method of claim 11, wherein the end-user executable code further includes program instructions which generate an alert, the alert including a user response.
16. The method of claim 15, wherein the alert generated is an SMS message.
17. The method of claim 15, wherein the alert generated is an email.
18. The method of claim 11, wherein data in the database structure includes a user response received in response to the information prompt presented by the data collection GUI, and wherein at least one user response stored in the database is transmitted to another computerized system.
19. The method of claim 11, wherein the information prompt presented by the data collection GUI includes a JavaScript element.
20. The method of claim 11, wherein data in the database structure includes a user response received in response to the information prompt presented by the data collection GUI, and wherein at least one user response stored in the database is acquired from a barcode scanner.
1. A system comprising: a controller; a database controlled by the controller; a memory in communication with the controller, wherein the memory includes: an end-user executable code that, when executed on an end-user device, generates a data collection graphical user interface (GUI) and stores data received through the data collection GUI in a database structure; and a business software management code that, when executed on an end-user device, provides a user update entry GUI for modifying the end-user executable code by providing instructions relating to the one or more information prompts; in response to executing program instructions associated with the business software management code, the controller: receives, via the user update entry GUI, a user update to modify the end-user executable code, and modifies the end-user executable code and/or the database structure; in response to executing the program instructions associated with the modified end-user executable code on the end-user device, the controller: generates a data collection GUI according to the modified end-user executable code; and stores data in the database structure according to the modified end-user executable code.
2. The system of claim 1, wherein the end-user executable code further includes a reporting GUI structure to be used when presenting the stored data and, in response to a request to report the data in the database, the controller generates a reporting GUI using the code and the data.
3. The system of claim 2, wherein the reporting GUI structure to be used when presenting the stored data includes a graph.
4. The system of claim 2, wherein the reporting GUI structure to be used when presenting the stored data includes a chart.
5. The system of claim 1, wherein the end-user executable code further includes program instructions which generate an alert, the alert including a user response.
6. The system of claim 5, wherein the alert generated is an SMS message.
7. The system of claim 5, wherein the alert generated is an email.
8. The system of claim 1, wherein data in the database structure includes a user response received in response to the information prompt presented by the data collection GUI, and wherein the user response stored in the database is transmitted to another computerized system.
9. The system of claim 1, wherein the information prompt presented by the data collection GUI includes a JavaScript element.
10. The system of claim 1, wherein data in the database structure includes a user response received in response to the information prompt presented by the data collection GUI, and wherein at least one user response stored in the database is acquired from a barcode scanner.
11. A method comprising: providing: a controller; a database controlled by the controller; a memory in communication with the controller, wherein the memory includes: an end-user executable code that, when executed on an end-user device, generates a data collection graphical user interface (GUI) and stores data received through the data collection GUI in a database structure; and a business software management code that, when executed on an end-user device, provides a user update entry GUI for modifying the end-user executable code by providing instructions relating to the one or more information prompts; and executing program instructions associated with the business software management code, causing the controller to: receive, via the user update entry GUI, a user update to modify the end-user executable code; and modify the end-user executable code and/or the database structure; executing program instructions associated with the modified end-user executable code on the end-user device, causing the controller to: generate a data collection GUI according to the modified end-user executable code; and store data in the database structure according to the modified end-user executable code.
12. The method of claim 11, wherein the end-user executable code further includes a reporting GUI structure to be used when presenting the stored data and, in response to receiving a request to report the data in the database, the controller generates a reporting GUI using the code and the data.
13. The method of claim 12, wherein the reporting GUI structure to be used when presenting the stored data includes a graph.
14. The method of claim 12, wherein the reporting GUI structure to be used when presenting the stored data includes a chart.
15. The method of claim 11, wherein the end-user executable code further includes program instructions which generate an alert, the alert including a user response.
16. The method of claim 15, wherein the alert generated is an SMS message.
17. The method of claim 15, wherein the alert generated is an email.
18. The method of claim 11, wherein data in the database structure includes a user response received in response to the information prompt presented by the data collection GUI, and wherein at least one user response stored in the database is transmitted to another computerized system.
19. The method of claim 11, wherein the information prompt presented by the data collection GUI includes a JavaScript element.
20. The method of claim 11, wherein data in the database structure includes a user response received in response to the information prompt presented by the data collection GUI, and wherein at least one user response stored in the database is acquired from a barcode scanner.
“Omission of element and its function in combination is obvious expedient if the remaining elements perform same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U.S. Court of Customs and Patent Appeals.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED R UDDIN whose telephone number is (571)270-3138. The examiner can normally be reached M-F: 9:00 AM-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Apu Mofiz can be reached at (571) 272-4080. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMED R UDDIN/Primary Examiner, Art Unit 2161
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