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 .
Status of Claims
Claims 1-18 are pending and rejected in the application.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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, 17, and 18 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 22, and 33 of U.S. Patent 12,468,721. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims describe performing a search using a first application and performing another search using the first application and the patented claims have some of the instant limitations in the patented claims such that they are patentably indistinct. The patented claims further include more about determining the period of successful retrieval of information but are otherwise of nearly identical scope despite any minor language differences. The instant claims scope as interpreted is the same for those limitations, or otherwise patentably indistinct. A comparison between the claims is shown below. The bolded language in the table below is identical to the language from U.S. Patent 12,468,721. As such, the instant claims would not be patentably distinct from the claims in U.S. Patent 12,468,721.
Current Application: 19/353471
U.S. Patent 12,468,721
1. A computer system, comprising: a display generation component; one or more input devices; one or more processors; a memory; and one or more programs, wherein the one or more programs are stored in the memory and are configured to be executed by the one or more processors, the one or more programs including instructions for: while displaying a home user interface, receiving a first user input; performing a first search based on the first user input; providing a first set of results corresponding to the first search, wherein providing the first set of results includes providing a first affordance, and wherein the first affordance is associated with a first application; while providing the first set of results, receiving a second user input; in accordance with a determination that the second user input corresponds to a selection of the first affordance: executing the first application; performing a second search based on the first user input using the first application; and providing, a second set of results corresponding to the second search.
1. A computer system, comprising: a display generation component; one or more input devices; a memory; one or more processors; and one or more programs, wherein the one or more programs are stored in the memory and are configured to be executed by the one or more processors, the one or more programs including instructions for: while displaying a user interface corresponding to an application, receiving, via the one or more input devices, a user input corresponding to a request to initiate a process to perform a search; in accordance with a determination by the computer system that the user interface includes a search user interface: performing a first search based on the user input using the application; and providing, via the display generation component, a first set of results corresponding to the first search; and in accordance with a determination by the computer system that the user interface does not include the search user interface: performing a second search based on the user input using a digital assistant of the computer system; and providing, via the display generation component, a second set of results corresponding to the second search.
17. A non-transitory computer-readable storage medium storing one or more programs, the one or more programs comprising instructions, which when executed by one or more processors of a computer system that is in communication with a display generation component and one or more input devices, cause the computer system to: while displaying a home user interface, receive a first user input; perform a first search based on the first user input; provide a first set of results corresponding to the first search, wherein providing the first set of results includes providing a first affordance, and wherein the first affordance is associated with a first application; while providing the first set of results, receive a second user input; in accordance with a determination that the second user input corresponds to a selection of the first affordance: execute the first application; perform a second search based on the first user input using the first application; and provide, a second set of results corresponding to the second search.
22. A non-transitory computer-readable storage medium storing one or more programs, the one or more programs comprising instructions, which when executed by one or more processors of a computer system that is in communication with a display generation component and one or more input devices, cause the computer system to: while displaying a user interface corresponding to an application, receive, via the one or more input devices, a user input corresponding to a request to initiate a process to perform a search; in accordance with a determination by the computer system that the user interface includes a search user interface: perform a first search based on the user input using the application; and provide, via the display generation component, a first set of results corresponding to the first search; and in accordance with a determination by the computer system that the user interface does not include the search user interface: perform a second search based on the user input using a digital assistant of the computer system; and provide, via the display generation component, a second set of results corresponding to the second search.
18. A method, comprising: at a computer system that is in communication with a display generation component and one or more input devices: while displaying a home user interface, receiving a first user input; performing a first search based on the first user input; providing a first set of results corresponding to the first search, wherein providing the first set of results includes providing a first affordance, and wherein the first affordance is associated with a first application; while providing the first set of results, receiving a second user input; in accordance with a determination that the second user input corresponds to a selection of the first affordance: executing the first application; performing a second search based on the first user input using the first application; and providing, a second set of results corresponding to the second search.
33. A method, comprising: at a computer system that is in communication with a display generation component and one or more input devices: while displaying a user interface corresponding to an application, receiving, via the one or more input devices, a user input corresponding to a request to initiate a process to perform a search; in accordance with a determination by the computer system that the user interface includes a search user interface: performing a first search based on the user input using the application; and providing, via the display generation component, a first set of results corresponding to the first search; and in accordance with a determination by the computer system that the user interface does not include the search user interface: performing a second search based on the user input using a digital assistant of the computer system; and providing, via the display generation component, a second set of results corresponding to the second search.
Claim Rejections – 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 3, 4, 5, 8, 11-17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. U.S. Patent Publication (2023/0103076; hereinafter: Zhou) in view of Hornkvist et al. U.S. Patent Publication (2017/0357661; hereinafter: Hornkvist)
Claims 1, 17, and 18
As to claims 1, 17, and 18, Zhou discloses a computer system, comprising:
a display generation component (Figure 3A, paragraph[0079], the reference describes a display.);
one or more input devices (Figure 3A, paragraph[0079], the reference describes a computing device with an interface.);
one or more processors (paragraph[0053], the reference describes processors.);
a memory(paragraph[0053], the reference describes a memory.); and
one or more programs, wherein the one or more programs are stored in the memory and are configured to be executed by the one or more processors, the one or more programs including instructions for(paragraph[0174], the reference describes executing instructions.):
while displaying a home user interface, receiving a first user input (Figure 3A, paragraph[0079], the reference describes a user interface with search bar 312.);
performing a first search based on the first user input(Figure 3A, paragraph[0079], the reference describes an interface with a search bar 312.);
providing a first set of results corresponding to the first search, wherein providing the first set of results includes providing a first affordance, and wherein the first affordance is associated with a first application (Figures 3A and 3B, paragraph[0081], the reference describes the results.);
while providing the first set of results, receiving a second user input(Figure 3A, paragraph[0079], the reference describes a user interface with search bar 312. The Examiner interprets the user being able to input a second search using the search bar.);
in accordance with a determination that the second user input corresponds to a selection of the first affordance(Figure 3A, paragraph[0079], the reference describes a user interface with search bar 312. The Examiner interprets the user being able to input a second search using the search bar.):
Zhou does not appear to explicitly
executing the first application;
performing a second search based on the first user input using the first application; and
providing, a second set of results corresponding to the second search.
However, Hornkvist discloses executing the first application(Figure 6B, paragraph[0068], the reference describes using a digital assistant to conduct a search.);
performing a second search based on the first user input using the first application(Figure 6B, paragraph[0068], the reference describes using a digital assistant to conduct a search.); and
providing, a second set of results corresponding to the second search (Figure 6B, paragraph[0068], the reference describes search results.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the teachings of Zhou with the teachings of Hornkvist to search data by a digital assistant which would result in the claim invention. The skilled artisan would have been motivated to improve the teachings of Zhou with the teachings of Hornkvist to efficiently search content items in an intuitive manner (Hornkvist: paragraph[0004]).
Claim 2
As to claim 2, the combination of Zhou and Hornkvist discloses all the elements in claim 1, as noted above, and Hornkvist further disclose wherein the home user interface includes a displayed second affordance corresponding to the first application and a displayed third affordance corresponding to a second application different than the first application (Figure 11B, paragraph[0090], the reference describes using a digital assistant to conduct a different search.).
Claim 3
As to claim 3, the combination of Zhou and Hornkvist discloses all the elements in claim 2, as noted above, and Hornkvist further disclose wherein receiving another user input corresponding to a selection of the second affordance invokes the first application (paragraph[0090], the reference describes using a digital assistant by selecting an input from the user.).
Claim 4
As to claim 4, the combination of Zhou and Hornkvist discloses all the elements in claim 1, as noted above, and Hornkvist further disclose wherein the first search is performed using the first application (paragraph[0090], the reference describes using a digital assistant to search.).
Claim 5
As to claim 5, the combination of Zhou and Hornkvist discloses all the elements in claim 4, as noted above, and Hornkvist further disclose wherein the first application is a digital assistant application(paragraph[0090], the reference describes using a digital assistant to search.).
Claim 8
As to claim 8, the combination of Zhou and Hornkvist discloses all the elements in claim 1, as noted above, and Hornkvist further disclose wherein executing the first application is performed in accordance with a determination that a third user input corresponds to a selection of the first application in a list of applications, and wherein the one or more programs further include instructions for:
in accordance with a determination that the second user input corresponds to a selection of the first affordance (Figure 6B, paragraph[0068], the reference describes an interface without a search box.):
before executing the first application, providing the list of applications, wherein the list of applications includes the first application (paragraph[0062], the reference describes search and listing applications.); and
receiving the third user input corresponding to the selection of the first application in the list of applications (paragraph[0084], the reference describes the user using the application.).
Claim 11
As to claim 11, the combination of Zhou and Hornkvist discloses all the elements in claim 1, as noted above, and Zhou further disclose wherein the second set of results includes a subset of the first set of results (Figure 3A, paragraph[0081] the reference describes showing suggested results (i.e., subset of the first set of results, as claimed).).
Claim 12
As to claim 12, the combination of Zhou and Hornkvist discloses all the elements in claim 1, as noted above, and Hornkvist further disclose wherein a result of the first set of results is selectable, wherein the one or more programs further include instructions for:
in accordance with a determination that the second user input corresponds to a selection of the result:
executing the application (paragraph[0071], the reference describes initiating an application.); and
providing the result (paragraph[0071], the reference describes the results after initiation of the application.).
Claim 13
As to claim 13, the combination of Zhou and Hornkvist discloses all the elements in claim 12, as noted above, and Hornkvist further disclose wherein providing the result includes displaying the result in a user interface associated with the application(paragraph[0071]-paragraph[0072], the reference describes the results after initiation of the application.).
Claim 14
As to claim 14, the combination of Zhou and Hornkvist discloses all the elements in claim 12, as noted above, and Hornkvist further disclose wherein the result is associated with a media (paragraph[0071], the reference describes the results of the file (i.e., media, a claimed).).
Claim 15
As to claim 15, the combination of Zhou and Hornkvist discloses all the elements in claim 14, as noted above, and Hornkvist further disclose wherein providing the result includes playing the media (paragraph[0046], the reference describes playing media.).
Claim 16
As to claim 16, the combination of Zhou and Hornkvist discloses all the elements in claim 15, as noted above, and Hornkvist further disclose wherein playing the media includes playing the media using the application (paragraph[0046], the reference describes playing media using the system software.).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. U.S. Patent Publication (2023/0103076; hereinafter: Zhou) in view of Hornkvist et al. U.S. Patent Publication (2017/0357661; hereinafter: Hornkvist) and further in view of Orr et al. U.S. Patent (11,010,127; hereinafter: Orr)
Claim 6
As to claim 6, the combination of Zhou and Hornkvist discloses all the elements in claim 4, as noted above, but do not appear to explicitly disclose wherein the one or more programs further include instructions for:
while providing the first set of results, providing a third set of results using a second application.
However, Orr further disclose wherein the one or more programs further include instructions for:
while providing the first set of results, providing a third set of results using a second application (Claim 20, the reference describes providing a third set of search while having previously display show on the interface.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the teachings of Zhou with the teachings of Hornkvist and Orr to display multiple search results which would result in the claim invention. The skilled artisan would have been motivated to improve the teachings of Zhou with the teachings of Hornkvist and Orr to efficiently search using a virtual assistant to facilitate media playback (Orr: column 1, lines 15-20).
Claim 7
As to claim 7, the combination of Zhou, Hornkvist, and Orr discloses all the elements in claim 6, as noted above, and Orr further disclose wherein the first set of results are provided in a user interface object with the third set of results(Claim 20, the reference describes providing a third set of search while having previously display show on the interface.).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. U.S. Patent Publication (2023/0103076; hereinafter: Zhou) in view of Hornkvist et al. U.S. Patent Publication (2017/0357661; hereinafter: Hornkvist) and further in view of Coffman et al. U.S. Patent Publication (2022/0279063; hereinafter: Coffman)
Claim 9
As to claim 9, the combination of Zhou and Hornkvist discloses all the elements in claim 8, as noted above, and Hornkvist further disclose wherein providing the list of applications includes ceasing to provide the first set of results.
However, Coffman discloses wherein providing the list of applications includes ceasing to provide the first set of results (paragraph[0317], the reference describes ceasing the results for another set of results to be displayed.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the teachings of Zhou with the teachings of Hornkvist and Coffman to determine what items are displayed which would result in the claim invention. The skilled artisan would have been motivated to improve the teachings of Zhou with the teachings of Hornkvist and Coffman to efficiently manage media playback devices (Coffman: paragraph[0004]).
Claim 10
As to claim 10, the combination of Zhou, Hornkvist, and Coffman discloses all the elements in claim 9, as noted above, and Coffman further disclose wherein the one or more programs further include instructions for:
receiving a fourth user input corresponding to providing the first set of results; and
in accordance with a determination that the fourth user input corresponds to providing the first set of results:
ceasing to provide the list of applications (paragraph[0449], the reference describes ceasing to show an display (i.e., list of applications, as claimed).); and
providing the first set of results and the first affordance (paragraph[0449], the reference describes displaying the results of a current interface.).
Conclusion
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ann J. Lo can be reached on (571) 272-9767. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAWAUNE A CONYERS/Primary Examiner, Art Unit 2159
/DAWAUNE A CONYERS/Primary Examiner, Art Unit 2152 February 24, 2024
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