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.
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.
processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim [1] is rejected on the ground of nonstatutory double patenting as being unpatentable over claim [1] of U.S. Patent No. [12, 513,408]; claim [10] of US. Pat. No. 11, 076,104]; claim [1] of US. PAT. No. [11, 496, 692] and claim [1] of US. PAT. No. [11, 871, 120]. Although the claims at issue are not identical, they are not patentably distinct from each other because claim [1] of the current application is an obvious variant and encompassed by:- claim [1] of U.S. Patent No. [12, 513,408]; claim [10] of US. Pat. No. [11, 076,104]; claim [1] of US. PAT. No. [11, 496, 692], and claim [1] of US. PAT. No. [11, 871, 120].
Below are the tables showing the conflicting claims
US, 19/297,690
US. Pat. No. 12, 513,408
An information terminal comprising:
an image processor configured to capture an image of a subject and generate image data by a camera;
a transceiver configured to communicate with one or more other information terminals;
and a controller configured to control the transceiver,
wherein, after forming a temporary group of information terminals capable of mutually communicating and sharing at least one of the image data, audio data or document data with the one or more other information terminals via the transceiver,
the controller is configured to control the transceiver to transmit the at least one of the image data, the audio data or the document data to the one or more other information terminals belonging to the formed temporary group only during a predetermined period of time, the formed temporary group being to be cancelled either automatically or upon receipt of user input.
11. A camera-equipped information terminal comprising:
an imager configured to capture an image of a subject and generate image data;
a transceiver configured to communicate with one or more other information terminals;
and a controller configured to control the transceiver,
wherein the controller is configured to form a group of information terminals capable of mutually communicating within a local area, by communicating with the one or more other information terminals via the transceiver,
wherein the controller is configured to control the transceiver to transmit the image data to the one or more other information terminals belonging to the formed group only during a predetermined period of time, and wherein the controller is configured to cancel the formed group either automatically or upon receipt of user input.
US. 19/297,690
US. Pat. No. 11, 076,104
An information terminal
comprising:
an image processor configured to capture an image of a subject and generate image data by a camera;
a transceiver configured to communicate with one or more other information terminals;
and a controller configured to control the transceiver,
wherein, after forming a temporary group of information terminals capable of mutually communicating and sharing at least one of the image data, audio data or document data with the one or more other information terminals via the transceiver,
the controller is configured to control the transceiver to transmit the at least one of the image data, the audio data or the document data to the one or more other information terminals belonging to the formed temporary group only during a predetermined period of time, the formed temporary group being to be cancelled either automatically or upon receipt of user input.
10. A camera-equipped portable information terminal device comprising:
an imaging device that captures an image of a subject;
a first transceiver configured to communicate with other portable information terminal devices;
and a first control unit that controls the first transceiver,
wherein the first control unit forms a group capable of mutually communicating within a local area by communicating with the other portable information terminal devices by way of the first transceiver,
and wherein, along with sending image data captured by the imaging device to the other portable information terminal devices belonging to the group by way of the first transceiver, the first control unit also receives image data sent from the other portable information terminal devices, and wherein the first control unit automatically cancels the formed group, after a predetermined period of time has passed since the group is formed.
US. 19/297,690
US. PAT. No. 11, 496, 692
1.An information terminal comprising: an image processor configured to capture an image of a subject and generate image data by a camera; a transceiver configured to communicate with one or more other information terminals; and a controller configured to control the transceiver,
wherein, after forming a temporary group of information terminals capable of mutually communicating and sharing at least one of the image data, audio data or document data with the one or more other information terminals via the transceiver,
the controller is configured to control the transceiver to transmit the at least one of the image data, the audio data or the document data to the one or more other information terminals belonging to the formed temporary group only during a predetermined period of time, the formed temporary group being to be cancelled either automatically or upon receipt of user input.
1. A method for sending and receiving image data between a camera-equipped portable information terminal having an imager, a first transceiver, and a first controller, and other portable information terminals, the method comprising:
forming, by the first controller, a group of portable information terminals capable of mutually communicating within a local area by communicating with the other portable information terminals by way of the first transceiver;
along with sending image data captured by the imager to the other portable information terminals belonging to the group by way of the first transceiver, receiving, by the first controller, image data sent from the other portable information terminals; and automatically cancelling, by the first controller, the formed group, after a predetermined period of time has passed since the group is formed.
US. 19/297,690
US. PAT. No. 11, 871, 120
1.An information terminal comprising:
an image processor configured to capture an image of a subject and generate image data by a camera;
a transceiver configured to communicate with one or more other information terminals;
and a controller configured to control the transceiver,
wherein, after forming a temporary group of information terminals capable of mutually communicating and sharing at least one of the image data, audio data or document data with the one or more other information terminals via the transceiver, the controller is configured to control the transceiver to transmit the at least one of the image data, the audio data or the document data to the one or more other information terminals belonging to the formed temporary group only during a predetermined period of time, the formed temporary group being to be cancelled either automatically or upon receipt of user input.
1. A camera-equipped portable information terminal comprising:
an imager configured to capture an image of a subject and generate image data;
a transceiver configured to communicate with one or more other portable information terminals;
and a controller configured to control the transceiver,
wherein the controller is configured to, by communicating with the one or more other portable information terminals via the transceiver, form a group of portable information terminals that mutually communicate within a local area; wherein the controller is configured to execute transmission processing of the image data to the one or more other portable information terminals in the group via the transceiver,
and wherein, when a predetermined period of time has passed after the group is formed and the transmission processing is executed, the controller automatically cancels the group.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED A BERHAN whose telephone number is (571)270-5094. The examiner can normally be reached 9:00Am-5:00pm (MAX- Flex).
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5.If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Twyler Haskins can be reached at 571-272-7406. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AHMED A BERHAN/Primary Examiner, Art Unit 2639
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