DETAILED ACTION
Notice of Pre-AlA 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 .
Status of Claim
2. Claim 1 is pending. Claim 1 is in independent forms.
Information Disclosure Statement
3. The information disclosure statements (IDS's) submitted on 07/15/2025 is in compliance with provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
4. The drawings filed on 07/15/2025 are accepted.
Priority
5. Applicant’s claim for the benefit of a prior-filed application number 18/397,275, filed December 27, 2023, which is a continuation of U.S. Patent Application Serial No. 17/956,010, filed Sep. 29, 2022 which is a continuation of U.S. Patent Application Serial No. 16/919,288, filed Jul. 2, 2020, which is a continuation of U.S. Patent Application Serial No. 15/104,699, filed on Jun. 15, 2016, filed as application No. PCT/JP2014/052290 on Jan. 31, 2014.
Double Patenting
6. A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
7. Claim 1 is rejected based on statuary type double patenting of the “same invention” type claim 1 of U.S. Patent 12,393,735 B2. The subject matter claimed in the instant application is fully disclosed in the referenced U.S. Patent, as follows in table below.
Instant Application 19/269,881
Claim 1: A portable terminal comprising:
a locator detecting current location information of the portable terminal;
a storage storing a setting information including a location related information relating to each of a plurality of icons, the location related information being information relating to a determination of whether the portable terminal is within a predetermined area
a display displaying at least first grouped icon image of the plurality of icons that are selectable by the user; and
a controller controlling the locator, the storage and the display;
wherein the setting information stored in the storage is referred to by the controller to determine whether to allow displaying the first grouped icon on the display and whether to allow displaying the first grouped icon image in a locked state of the portable terminal,
wherein the controller is configured to:
based on the setting information and the current location information, determine the first grouped icon image to be displayed with a screen for performing authentication to execute an unlock operation on the display in a condition that the portable terminal is in the locked state
adjust a position of the first grouped icons determined to be displayed on the display, and display information relating to an icon selected by the user.
Patent No. 12,393,735
Claim 1: A portable terminal comprising:
a locator detecting current location information of the portable terminal;
a storage storing a setting information including a location related information relating to each of a plurality of icons, the location related information being information relating to a determination of whether the portable terminal is within a predetermined area
a display displaying at least first grouped icon image of the plurality of icons that are selectable by the user; and
a controller controlling the locator, the storage and the display;
wherein the setting information stored in the storage is referred to by the controller to determine whether to allow displaying the first grouped icon image on the display and whether to allow displaying the first grouped icon image in a locked state of the portable terminal,
wherein the controller is configured to:
based on the setting information and the current location information, determine the first grouped icon image to be displayed with a screen for performing authentication to execute an unlock operation on the display in a condition that the portable terminal is in the locked state, and
adjust a position of the first grouped icon image determined to be displayed on the display, and display information relating to an icon selected by the user.
8. This is a statutory type double patenting rejection because the conflicting claims are the "same invention".
10. The pertinent prior art made of record but not relied upon in the rejections:
A. US 20140096053 A1
B. US 20110093816 A1
C. US 20140181964 A1
D. US 20130067376 A1
E. US 20120102549 A1
F. US 20110092185 A1
G. US 20120137369 A1
H. US 20140096053 A1
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL AMBAYE whose telephone number is (571)270-7635. The examiner can normally be reached M-F 9:00 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Pwu can be reached on (571) 272-6798. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMUEL AMBAYE/Examiner, Art Unit 2433
/JEFFREY C PWU/Supervisory Patent Examiner, Art Unit 2433
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