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 .
DETAILED ACTION
Status of Claims
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 reply to the application filed on 08/11/2025.
Claims 1-8 are currently pending and have been examined.
Examiner notes that on 08/27/2026 an interview was conducted and the Examiner requested a Terminal Disclaimer filed and the application data sheet to be corrected to place the application in condition for allowance, however since these issues have not been resolved and due to Examination time constraints this non-final rejection is being issued.
Information Disclosure Statement
The information disclosure Statement(s) filed 11/07/2025 have been considered. Initialed copies of the Form 1449 are enclosed herewith.
Specification
The disclosure is objected to because of the following informalities: The Application Data Sheet filed 08/11/2025 contains a typo in the provision application number in which the applications claims priority to. The ADS list the provisional application number as 62116852. The Examiner believes this should be corrected to 62116853.
Appropriate correction is required.
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.
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.
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of US Patent No. 12,383,320. Although the claims at issue are not identical, they are not patentably distinct from each other. The claims both recite substantially similar limitations except the final wherein clause of claim 1 includes intended use language of to provide an updated distributed electronic public ledger for delivery to a full node… which does not further limit the scope of the limitation (see also MPEP 2111.04) and therefore is anticipate by ‘320 patent, and further varies in step (b) of the instant application, which recites the configuration software agent schedules for a second period of time the first one of the super peer computing nodes to perform steps (i)-(ix), as opposed to the ‘320 patent in which the configuration software agent schedules for the first period of time the others of the plurality of super peer computing nodes to perform steps (i)-(ix). However, one having ordinary skill in the art would recognize that the whether the first node or one of the other nodes to perform steps (i)-(ix) is an obvious design choice, In reJapikse, 181 F.2d 1019, 86 USPQ 70 and rearrangement of parts. Therefore, one would be motivated to have a first node perform steps (i)-(ix) because the results would be predicable. Since patent claim 1 anticipates every limitation of the instant application, therefor the claims are rejected as being double-patenting (see MPEP 2144.04).
Claims 2-8 recite substantially similar limitations to those found in claims 2-8 of the ‘320 patent and therefor are rejected over those claims.
Conclusion
Art of potential relevance includes MacGregor et al., U.S. 2015/0269541, generally identifying a digital asset system with network connections, network ring topology, a centralized issuing authority, minting units of virtual currency, transactions between a sender and receiver, a hash table and hash transaction inputs, storage, and conditions for conducting a transaction; Winklevoss et al., U.S. 9,898,782 generally identifying proof of work, a timestamp, periodic updating to a public ledger, verification in the digital asset network relative to an electronic ledger, and a blockchain system; and DeCastro, U.S. 2015/0170112 generally identifying cryptocurrency operations with features of blockchain, a centrally monitored ledger, and a network privately operated by a central authority.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY S CUNNINGHAM II whose telephone number is (313)446-6564. The examiner can normally be reached Mon-Fri 8:30am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bennett Sigmond can be reached at 303-297-4411. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GREGORY S. CUNNINGHAM II
Primary Examiner
Art Unit 3694
/GREGORY S CUNNINGHAM II/Primary Examiner, Art Unit 3694
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