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 .
1. This communication is responsive to the application filed 8/7/2025.
2. Claims 1-20 are pending in this application. Claims 1, 9 and 18 are independent claims. This action is made Non-Final.
Double Patenting
3. Claims 1-20 of this application is patentably indistinct from claims 1-20 of Application No. 19/315,663. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
4. Claims 1-20 of this application is patentably indistinct from claims 1-20 of Application No. 19/315,802. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
5. 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.
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 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/apply/applying-online/eterminal-disclaimer.
6. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,405,810. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are substantially similar as shown below.
Present Invention 19/292,934
1. A virtual desktop system, comprising:
A system computer having a processor coupled to a memory; a virtual server running on the system computer and adapted to send over a network adapted to manage a plurality of user accounts
a one or more virtual desktops for display on a web browser of a user device, where the one or more virtual desktops
comprise a one or more icons associated with a one or more functions; and,
the virtual server is adapted to share with a second user access to the one or more virtual desktops associated with a first user and is adapted to enable each of the first user and the second user to edit the one or more virtual desktops; wherein each user account includes one or more hierarchical chains of user-created virtual desktops; wherein each desktop in a chain relates to particular subject matter and includes one or more icons attached to files or functions related to the particular subject matter, and wherein each virtual desktop in the one or more hierarchical chains is adapted to inherit properties from a virtual desktop directly
superior to it in the hierarchical chain, said properties including inheritance of icons and icon actions from the virtual desktop directly superior to it.
2. The system of claim 1, wherein the virtual server is adapted to share with
the second user access to a virtual desktop associated with the first user in
response to the first user sharing the virtual desktop with the second user.
3. The system of claim 1, wherein the one or more icons is a plurality of icons comprising a file icon associated with a file access and editing function, an address book icon associated with an address book access and editing function, a timer icon associated with a timer function, a calendar icon associated with a calendar access and editing function, a notes icon associated with a notes access and editing function, and an email icon associated with an email function.
4. The system of claim 1, wherein the virtual server is adapted to limit a
scope of editing of the one or more virtual desktops by the second user based on a
one or more permissions defined by the first user.
5. The system of claim 1, wherein the virtual server is adapted to enable the
first user or the second user to set a function of the one or more icons within the one or more virtual desktops.
6. The system of claim 1, wherein editing the one or more virtual desktops
comprises adding a file, moving an icon, adding or editing a timer, adding or editing a calendar, adding or editing a note, and editing a virtual desktop background.
7. The system of claim 1, wherein the virtual server is adapted to require
each user to provide a correct password before the virtual server provides access
to the one or more virtual desktops.
8. The system of claim 1, wherein
the virtual server is adapted to share with the second user access to the one or more virtual desktops associated with the first user in response to the first user sharing the one or more virtual
desktops with the second user; the virtual server is adapted to limit a scope of editing of the one or more virtual desktops by the second user based on a one or more permissions defined by the first user; the virtual server is adapted to enable the first user or the second
user to set a function of the one or more icons within the one or more virtual desktops; and editing the one or more virtual desktops comprises adding a file, moving an icon, adding or editing a timer, adding or editing a calendar, adding or editing a note, and editing a virtual desktop background.
9. A virtual desktop system, comprising:
a system computer having a processor coupled to a memory; a virtual server running on the system computer and adapted to send over a network adapted to manage a plurality of user accounts
a one or more virtual desktops for display on a web browser of a user device, where the one or more virtual desktops is
associated with a user, and where the one or more virtual desktops comprises one or more icons; and, wherein each user account includes one or more hierarchical chains of user-created virtual desktops; wherein each desktop in a chain relates to particular subject matter
and includes one or more icons attached to files or functions related to the particular subject matter, and wherein each virtual desktop in the one or more hierarchical chains is adapted to inherit properties from a virtual desktop directly superior to it in the hierarchical chain, said properties including inheritance of icons and icon actions from the virtual desktop directly superior to it.
10. The system of claim 9, wherein the one or more icons is a plurality of
icons comprising a file icon associated with a file access and editing function, an
address book icon associated with an address book access and editing function, a timer icon associated with a timer function, a calendar icon associated with a calendar access and editing function, a notes icon associated with a notes access and editing function, and an email icon associated with an email function.
11. The system of claim 9, wherein the virtual server is adapted to enable the user to further edit the one or more virtual desktops, which comprises adding a file, moving an icon, adding or editing a timer, adding or editing a calendar, adding or editing a note, and editing a virtual desktop background.
12. The system of claim 9, wherein the virtual server is adapted to require
the user to provide a correct password before the virtual server provides the user
with access to the one or more virtual desktops.
13. The system of claim 9, wherein
the virtual server is adapted to enable the user to further edit the one or more virtual desktops, which comprises adding a file,
moving an icon, adding or editing a timer, adding or editing a calendar, adding or editing a note, and editing a virtual desktop background; and, the virtual server is adapted to require the user to provide a correct password before the virtual server provides the user with access to the one or more virtual desktops.
14. The system of claim 1, wherein the virtual server is adapted to enable
the first user or the second user to add one or more icons within the one or more
virtual desktops.
15. The system of claim 9, wherein the virtual server is adapted to enable
the first user or the second user to add one or more icons within the one or more
virtual desktops.
16. The system of claim 14, wherein the virtual server is further adapted to
enable the first user or the second user to add one or more icons within one or
more virtual desktops that are not shared with the other user.
17. The system of claim 15, wherein the virtual server is further adapted to
enable the first user or the second user to add one or more icons within one or
more virtual desktops that are not shared with the other user.
18. A virtual desktop data storage system comprising: a system computer having a processor coupled to a memory; a virtual server running on the system computer and on a network adapted to manage a plurality of user accounts, each user
account including one or more hierarchical chains of user-created virtual desktops, wherein each desktop in a chain relates to particular subject matter and includes one or more icons attached to files or functions related to the particular subject matter, and wherein each virtual desktop in the one or more hierarchical chains is adapted to inherit properties from a virtual desktop directly superior to it in the hierarchical chain,
said properties including inheritance of icons and icon actions from the virtual desktop directly superior to it; the virtual server configured to support a user device operatively connected to the network that includes a web browser, the
user device including a display and local storage; the virtual server adapted to verify user access information received from the user device for a particular user account and to create and display said virtual desktop and said icons on the display; wherein the virtual server is adapted to enable the user to edit the
virtual desktops and icons, which comprises adding a file, moving an icon, adding or editing a timer, adding or editing a calendar, adding or editing a note, and editing a virtual desktop
background and storing hyper link bookmarks.
19. The system of claim 18, wherein an account user has the ability to share
access to each virtual desktop with another account user.
20. The system of claim 19, wherein each virtual desktop has a graphical user interface that is 3-D and has the ability to integrate and control other cloud
applications from the web browser.
Patent No 12,405,810
1. A virtual desktop system, comprising: A system computer having a processor coupled to a memory; a virtual server running on the system computer and adapted to send over a network adapted to manage a plurality of user accounts a one or more virtual desktops for display on a web browser of a user device, where the one or more virtual desktops comprise a one or more icons associated with a one or more functions; and, the virtual server is adapted to share with a second user access to the one or more virtual desktops associated with a first user and is adapted to enable each of the first user and the second user to edit the one or more virtual desktops and is adapted to send each edit of the first user for display to the second user in the one or more virtual desktops and to send each edit of the second user for display to the first user in the one or more virtual desktops; wherein each user account includes one or more hierarchical chains of user-created virtual desktops; wherein each desktop in a chain relates to particular subject matter and includes one or more icons attached to files or functions related to the particular subject matter, and wherein each virtual desktop in the one or more hierarchical chains is adapted to inherit properties from a virtual desktop directly superior to it in the hierarchical chain, said properties including inheritance of icons and icon actions from the virtual desktop directly superior to it.
2. The system of claim 1, wherein the virtual server is adapted to share with the second user access to a virtual desktop associated with the first user in response to the first user sharing the virtual desktop with the second user.
3. The system of claim 1, wherein the one or more icons is a plurality of icons comprising a file icon associated with a file access and editing function, an address book icon associated with an address book access and editing function, a timer icon associated with a timer function, a calendar icon associated with a calendar access and editing function, a notes icon associated with a notes access and editing function, and an email icon associated with an email function.
4. The system of claim 1, wherein the virtual server is adapted to limit a scope of editing of the one or more virtual desktops by the second user based on a one or more permissions defined by the first user.
5. The system of claim 1, wherein the virtual server is adapted to enable the first user or the second user to set a function of the one or more icons within the one or more virtual desktops.
6. The system of claim 1, wherein editing the one or more virtual desktops comprises adding a file, moving an icon, adding or editing a timer, adding or editing a calendar, adding or editing a note, and editing a virtual desktop background.
7. The system of claim 1, wherein the virtual server is adapted to require each user to provide a correct password before the virtual server provides access to the one or more virtual desktops.
8. The system of claim 1, wherein the virtual server is adapted to share with the second user access to the one or more virtual desktops associated with the first user in response to the first user sharing the one or more virtual desktops with the second user; the virtual server is adapted to limit a scope of editing of the one or more virtual desktops by the second user based on a one or more permissions defined by the first user; the virtual server is adapted to enable the first user or the second user to set a function of the one or more icons within the one or more virtual desktops; and editing the one or more virtual desktops comprises adding a file, moving an icon, adding or editing a timer, adding or editing a calendar, adding or editing a note, and editing a virtual desktop background.
9. A virtual desktop system, comprising: a system computer having a processor coupled to a memory; a virtual server running on the system computer and adapted to send over a network adapted to manage a plurality of user accounts a one or more virtual desktops for display on a web browser of a user device, where the one or more virtual desktops is associated with a user, and where the one or more virtual desktops comprises one or more icons; and, the virtual server is adapted to enable the user to set a function of the one or more icons within the one or more virtual desktops; wherein each user account includes one or more hierarchical chains of user-created virtual desktops; wherein each desktop in a chain relates to particular subject matter and includes one or more icons attached to files or functions related to the particular subject matter, and wherein each virtual desktop in the one or more hierarchical chains is adapted to inherit properties from a virtual desktop directly superior to it in the hierarchical chain, said properties including inheritance of icons and icon actions from the virtual desktop directly superior to it.
10. The system of claim 9, wherein the one or more icons is a plurality of icons comprising a file icon associated with a file access and editing function, an address book icon associated with an address book access and editing function, a timer icon associated with a timer function, a calendar icon associated with a calendar access and editing function, a notes icon associated with a notes access and editing function, and an email icon associated with an email function.
11. The system of claim 9, wherein the virtual server is adapted to enable the user to further edit the one or more virtual desktops, which comprises adding a file, moving an icon, adding or editing a timer, adding or editing a calendar, adding or editing a note, and editing a virtual desktop background.
12. The system of claim 9, wherein the virtual server is adapted to require the user to provide a correct password before the virtual server provides the user with access to the one or more virtual desktops.
13. The system of claim 9, wherein the virtual server is adapted to enable the user to further edit the one or more virtual desktops, which comprises adding a file, moving an icon, adding or editing a timer, adding or editing a calendar, adding or editing a note, and editing a virtual desktop background; and, the virtual server is adapted to require the user to provide a correct password before the virtual server provides the user with access to the one or more virtual desktops.
14. The system of claim 1, wherein the virtual server is adapted to enable the first user or the second user to add one or more icons within the one or more virtual desktops.
15. The system of claim 9, wherein the virtual server is adapted to enable the first user or the second user to add one or more icons within the one or more virtual desktops.
16. The system of claim 14, wherein the virtual server is further adapted to enable the first user or the second user to add one or more icons within one or more virtual desktops that are not shared with the other user.
17. The system of claim 15, wherein the virtual server is further adapted to enable the first user or the second user to add one or more icons within one or more virtual desktops that are not shared with the other user.
18. A virtual desktop data storage system comprising: a system computer having a processor coupled to a memory; a virtual server running on the system computer and on a network adapted to manage a plurality of user accounts, each user account including one or more hierarchical chains of user-created virtual desktops, wherein each desktop in a chain relates to particular subject matter and includes one or more icons attached to files or functions related to the particular subject matter, and wherein each virtual desktop in the one or more hierarchical chains is adapted to inherit properties from a virtual desktop directly superior to it in the hierarchical chain, said properties including inheritance of icons and icon actions from the virtual desktop directly superior to it; the virtual server configured to support a user device operatively connected to the network that includes a web browser, the user device including a display and local storage; the virtual server adapted to verify user access information received from the user device for a particular user account and to create and display said virtual desktop and said icons on the display; and, wherein, said user-created virtual desktops are formatted using a style language and wherein, icons on said virtual desktops are linked to other virtual desktops by a script language; wherein the virtual server is adapted to enable the user to edit the virtual desktops, which comprises adding a file, moving an icon, adding or editing a timer, adding or editing a calendar, adding or editing a note, and editing a virtual desktop background.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nilo et al (US 2018/0335911).
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RASHAWN N TILLERY whose telephone number is (571)272-6480. The examiner can normally be reached M-F 9:00a - 5:30p.
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, William L Bashore can be reached at (571) 272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RASHAWN N TILLERY/Primary Examiner, Art Unit 2174