CTNF 19/323,397 CTNF 81563 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-33 AIA 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 21-40 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11429635. Although the claims at issue are not identical, they are not patentably distinct from each other. Claims 21-40 are anticipated by claims 1-20 of U.S. 11429635. 08-34 Claims 21-40 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11947565. Although the claims at issue are not identical, they are not patentably distinct from each other. Claims 21-40 are anticipated by claims 1-20 of U.S. 11947565. 08-34 Claims 21-40 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12430359. Although the claims at issue are not identical, they are not patentably distinct from each other. Claims 21-40 are anticipated by claims 1-20 of U.S. 12430359. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent application Publication 20130173547 by Cline was the closest reference. With regard to the independent claims, Cline appears to disclose: “a memory storing program code; a processing unit to execute the program code to cause the system to” [ a memory storing program code; a processing unit to execute the program code to cause the system to (0067 memory ; 0067 processors)] “load data of a plurality of source objects of a source system into a corresponding plurality of target objects of a target system based on a replication configuration;” / “load the first source database table into a target database table of the target database system based on a replication configuration “replicate data of one or more source objects of a source system to a corresponding one or more target objects of a target system based on a replication configuration” ” [replicate data of one or more source objects (0030, migrating image copy data from a source) of a source system (0030, source database) to a corresponding plurality of target objects of a target system (0030, to a target database) based on a replication configuration (0030, migrating image copy data from a source database to a target database using a metadata export file in the data migration system)] “detect a first change to a first source object of the one or more source objects”[ detect changes a first change(fig. 2 214, yes) to a first source object of the one or more source objects (fig. 2 214, data changes to the source or target data)] “identify a first event based on the detected first change;” [identify a first event (0060, ensure that the target database has the correct version)based on the detected first change (fig. 2 214, yes;] “determine a first one or more solutions to resolve the first event;” [determine a first one or more solutions (fig. 2 218, repair the version information) to resolve the first event (0060, ensure that the target database has the correct version)] “ present the first event and the first one or more solutions ;” “ receive an indication of a first solution of the first one or more solutions; and ” “ in response to the indication, execute the first solution ” Other references of note: U.S. 11120047 by Hoffmann et. al. in particular fig. 11. Hoffman provides for replication of source objects that have changed see fig. 11 steps 11.01-11.02 (replication / detection). Hoffman identifies whether there is a match at fig. 11 step 11.04-11.05 (first event based on first change). Hoffman discloses if there is no match then perform a corrective action. Hoffman does not fairly teach “present the first event and the first one or more solutions; receive an indication of a first solution of the first one or more solutions; and, in response to the indication, execute the first solution” as there is no indication of a solution from a plurality of solutions from the presented first event and one or more solutions. Instead once there is no match determined, a corrective action is performed. Wherein, the corrective action is a resynchronization of the target database with the source database, or supspension/stopping of the application from processing transactions, see col. 16 lines 40-45 and col. 17 lines 35-40 . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PHAM whose telephone number is (571)272-3924. The examiner can normally be reached M-F 11-730pm Eastern. 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, Kavita Stanley can be reached at 571-272-8352. 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. /MICHAEL PHAM/Primary Examiner, Art Unit 2153 Application/Control Number: 19/323,397 Page 2 Art Unit: 2153 Application/Control Number: 19/323,397 Page 3 Art Unit: 2153
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