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 .
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory 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.
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Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5-6 and 8-9 of U.S. Patent No. 11,323,653 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because see table as outlined below.
Instant Application
US Patent No. 11,323,653 B1
1. A method comprising: pausing a recording of a screen of a user device based on an opening of an application with a camera view user interface to display output of an image sensor of the user device; concealing the output of the image sensor of the user device; providing a first user selectable element to reveal the output of the image sensor of the user device and to resume the recording of the screen of the user device; and providing a second user selectable element to stop the recording of the screen of the user device.
2. The method of claim 1, wherein pausing the recording of the screen of the user device comprises: detecting a selection of a notification from the application, the notification presented on the screen of the user device.
3. The method of claim 1, wherein pausing the recording of the screen of the user device comprises: detecting a selection of the application from a set of applications executing in a background focus of the user device.
7. The method of claim 1, further comprising: in response to a selection of the first user selectable element, executing the application in a background focus of the user device.
10. The method of claim 1, further comprising: providing a camera options panel that includes a third user selectable element to set a camera mode for the image sensor.
1. A method comprising: in a messaging system that hosts a backend service for a messaging client, generating a camera view user interface including a screen recorder user selectable element that is actionable to request recording of an output of a display system shown on a screen of a client device, the camera view user interface configured to display output of a digital image sensor of a camera; at the messaging client having a foreground focus of the screen of the client device, detecting activation of the screen recorder user selectable element; in response to the detecting of the activation of the screen recorder user selectable element, removing the foreground focus from the messaging client and causing recording of the output of the display system shown on the screen of the client device; subsequent to the causing of the recording of the output of the display system shown on the screen of the client device, detecting a request to restore the foreground focus of the screen of the client device to the messaging client; in response to the detecting of the request to restore the foreground focus of the screen of the client device to the messaging client: pausing the recording of the output of the display system shown on the screen, opening the messaging client to the camera view screen while concealing display of the output of a digital image sensor, and causing presentation of a first user selectable element that is actionable to terminate the recording of the screen.
4. The method of claim 1, wherein concealing the output of the image sensor comprises: overlaying the output of the image sensor with a solid color overlay.
5. The method of claim 1, wherein the opening the messaging client to the camera view screen while concealing display of the output of the digital image sensor comprises overlaying the output of the digital image sensor with a solid color overlay.
5. The method of claim 1, further comprising: providing a dialog requesting a selection of the first user selectable element to resume the recording of the screen of the user device or the second user selectable element to stop the recording of the screen of the user device.
6. The method of claim 1, further comprising: in response to a selection of the first user selectable element, revealing the output of the image sensor and resuming the recording of the screen of the user device.
6. The method of claim 1, comprising, in response to the detecting of the request to restore the foreground focus of the screen of the client device to the messaging client the system, causing presentation of a dialog comprising the first user selectable element that is actionable to terminate the recording of the output of the display system shown on the screen and a second user selectable element that is actionable to resume the recording of the output of the display system shown on the screen.
8. The method of claim 1, further comprising: in response to a selection of the second user selectable element, terminating the recording of the screen of the user device.
8. The method of claim 6, comprising: detecting activation of the second user selectable element; and in response to the detecting of the selection of the second user selectable element, terminating the recording of the output of the display system shown on the screen.
9. The method of claim 1, further comprising: storing a result of the recording as a screen recording video; detecting a request to communicate the screen recording video to a recipient device; and in response to the request, communicating the screen recording video to the recipient device.
9. The method of claim 8, further comprising: storing a result of the recording of the output screen as a screen recording video; at a messaging client, detecting a request to communicate the screen recording video to a recipient in the messaging system; and in response to the request, communicating the screen recording video to the recipient in the messaging system.
Claims 11-19 list all similar elements of claims 1-9, but in system form rather than method form. Therefore, the supporting rationale of the rejection to claims 1-9 applies equally as well to claims 11-19.
Claim 20 list all similar elements of claim 1, but in non-transitory machine-readable medium form rather than method form. Therefore, the supporting rationale of the rejection to claim 1 applies equally as well to claim 20.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL T TEKLE whose telephone number is (571)270-1117. The examiner can normally be reached Monday-Friday 8:00-4:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Vaughn can be reached at 571-272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL T TEKLE/Primary Examiner, Art Unit 2481
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