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.
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Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. US 12493632 B1.
Although the claims at issue are not identical, they are not patentably distinct from each other because all the elements of claims 1-7 and 9-13 of ‘632 teach all the elements of instant claims 1-20. See chart below.
Patent US 12493632 B1
Instant Application
1. A method for querying hierarchical data from a first database comprising:
1. A method for querying hierarchical data from a first database comprising
receiving, by a provider computing system, first hierarchical data associated with a first version;storing, by the provider computing system, the first hierarchical data in the first database of the provider computing system;
receiving, by the provider computing system, a request to generate a first query set data object associated with a query set including a first query and a second query, wherein the first query is a first query type and the second query is a second query type; generating, by the provider computing system, the first query set data object, wherein the first query set data object is structured according to a hierarchical query schema and comprises: a name field for storing a name of the first query set; at least one datasheet query set data object that depends from the first query set data object
receiving, by the provider computing system, a request to generate a first query set data object associated with a query set including a first query and a second query, wherein the first query is a first query type and the second query is a second query type; generating, by the provider computing system, the first query set data object, wherein the first query set data object is structured according to a hierarchical query schema and comprises: a name field for storing a name of the first query set; at least one datasheet query set data object that depends from the first query set data object
the datasheet query set data object comprising: an expectedness field for storing an expectedness value; and a datasheet data object;
and at least one query data object that depends from the first query set data object,
and at least one query data object that depends from the first query set data object,
the at least one query data object comprising :a structured query data object comprising: at least one first hierarchical data object for storing a piece of hierarchical data; or a custom query data object comprising: at least one second hierarchical data object for storing a piece of hierarchical data;
generating, by the provider computing system, a first structured query data object associated with the first query;
adding, by the provider computing system,
the first structured query data object to the at least one query data object of the first query set data object;
generating, by the provider computing system, a second custom query data object associated with the second query;
adding, by the provider computing system, the second custom query data object to the at least one query data object of the first query set data object;
receiving, by the provider computing system, second hierarchical data; associated with a second version;
storing, by the provider computing system, the second hierarchical data in the first database of the provider computing system;
executing, by the provider computing system and in response to storing the second hierarchical data in the first database, the first query and the second query of the query set on the first database
to select matching hierarchical data;
selecting, by the provider computing system, a datasheet from a second database of the provider computing system, the datasheet including outmoded hierarchical data;
and replacing, by the provider computing system, the outmoded hierarchical data of the datasheet with the matching hierarchical data
generating, by the provider computing system, a first query data object associated with the first query;
adding, by the provider computing system,
the first query data object to the at least one query data object of the first query set data object;
generating, by the provider computing system, a second query data object associated with the second query;
adding, by the provider computing system, the second query data object to the at least one query data object of the first query set data object;
receiving, by the provider computing system, hierarchical data;
storing, by the provider computing system, the hierarchical data in the first database of the provider computing system;
executing, by the provider computing system and in response to storing the hierarchical data in the first database, the first query and the second query of the query set on the first database to select matching hierarchical data;
selecting, by the provider computing system, a datasheet from a second database of the provider computing system, the datasheet including outmoded hierarchical data; and
replacing, by the provider computing system, the outmoded hierarchical data of the datasheet with the matching hierarchical data.
And storing, by the provider computing system, the datasheet including the matching hierarchical data in the second database.
[CLAIM 1]receiving, by the provider computing system, second hierarchical data associated with a second version;
2. The method of claim 1, wherein the hierarchical data is second hierarchical data associated with a second version,
[CLAIM 1] receiving, by a provider computing system, first hierarchical data associated with a first version;
and wherein the method further comprises: receiving, by the provider computing system, first hierarchical data associated with a first version; and
[CLAIM 1] storing, by the provider computing system, the first hierarchical data in the first database of the provider computing system
storing, by the provider computing system, the first hierarchical data in the first database of the provider computing system.
2. (Original) The method of claim 1, wherein the first query type is a standardized query type, and wherein receiving the first hierarchical data comprises:
receiving a first data package including the first hierarchical data and a first plurality of standardized queries including the first query,wherein each standardized query includes one or more pieces of the first hierarchical data and the standardized query type, and wherein the first plurality of standardized queries is associated with the first version
3. The method of claim 2, wherein the first query type is
a standardized query type, and wherein the receiving the first hierarchical data comprises:
receiving a first data package including first hierarchical data and a first plurality of standardized queries including the first query, wherein each standardized query includes one or more pieces of the first hierarchical data and the standardized query type, and wherein the first plurality of standardized queries is associated with a first version.
3. Original) The method of claim 2, wherein receiving the second hierarchical data comprises:receiving a second data package including the second hierarchical data and a second plurality of standardized queries including a third query,wherein each standardized query of the second plurality of standardized queries includes one or more pieces of the second hierarchical data and the standardized query type, and wherein the third query is a new version of the first query; and
replacing, by the provider computing system, the first query of the query set with the third query.
4. The method of claim 3, wherein receiving the second hierarchical data comprises: receiving a second data package including the second hierarchical data and a second plurality of standardized queries including a third query, wherein each standardized query of the second plurality of standardized queries includes one or more pieces of the second hierarchical data and the standardized query type, and wherein the third query is a new version of the first query; and replacing, by the provider computing system, the first query of the query set with the third query.
4. The method of claim 1, wherein the second query type is a custom query type, and wherein the method further comprises:
receiving, by the provider computing system, a request to generate the second query from a user computing device, the request identifying at least two pieces of the first hierarchical data; and
generating, by the provider computing system, the second query
including the at least two pieces of the first hierarchical data.
5. (Original) The method of claim 1, wherein the first query type is a standardized query type and the second query type is a custom query type, wherein the first query includes at least one piece of the first hierarchical data associated with a first hierarchical classification or a second hierarchical classification, and wherein the second query includes at least one piece of the first hierarchical data associated with a third hierarchical classification, and wherein the third hierarchical classification is a higher classification than the first hierarchical classification and the second hierarchical classification.
6. (Original) The method of claim 5, wherein the hierarchical data includes a MedDRA term, wherein the first hierarchical classification is a lowest level term (LLT) classification, the second hierarchical classification is a preferred term (PT) classification, and the third hierarchical classification is at least one of: a high-level group term (HLGT) classification, a high-level (HL) classification, or a system organ class (SOC) classification.
7. (Original) The method of claim 1, further comprising:
adding, by the provider computing system, an expectedness to the matching hierarchical data to generate combination hierarchical data, wherein the provider computing system replaces the outmoded hierarchical data with the combination hierarchical data.
5. The method of claim 2, wherein the second query type is a custom query type, and wherein the method further comprises:
receiving, by the provider computing system, a request to generate the second query from a user computing device, the request identifying at least two pieces of the first hierarchical data;
and generating, by the provider computing system, the second query including the at least two pieces of the first hierarchical data.
6. The method of claim 2, wherein the first query type is a standardized query type and the second query type is a custom query type, wherein the first query includes at least one piece of the first hierarchical data associated with a first hierarchical classification or a second hierarchical classification, and wherein the second query includes at least one piece of the first hierarchical data associated with a third hierarchical classification, and wherein the third hierarchical classification is a higher classification than the first hierarchical classification and the second hierarchical classification.
7. The method of claim 5, wherein the hierarchical data includes a MedDRA term, wherein the first hierarchical classification is a lowest level term (LLT) classification, the second hierarchical classification is a preferred term (PT) classification, and the third hierarchical classification is at least one of: a high-level group term (HLGT) classification, a high-level (HL) classification, or a system organ class (SOC) classification.
8. The method of claim 1, further comprising:
adding, by the provider computing system, an expectedness to the matching hierarchical data to generate combination hierarchical data, wherein the provider computing system replaces the outmoded hierarchical data with the combination hierarchical data.
Patent
Instant Application
1. A method for querying hierarchical data from a first database comprising:
9. A method for querying hierarchical data from a first database comprising
receiving, by a provider computing system, first hierarchical data associated with a first version;storing, by the provider computing system, the first hierarchical data in the first database of the provider computing system;
receiving, by a provider computing system, first hierarchical data associated with a first version; storing, by the provider computing system, the first hierarchical data in the first database of the provider computing system
receiving, by the provider computing system, a request to generate a first query set data object associated with a query set including a first query and a second query, wherein the first query is a first query type and the second query is a second query type; generating, by the provider computing system, the first query set data object, wherein the first query set data object is structured according to a hierarchical query schema and comprises: a name field for storing a name of the first query set; at least one datasheet query set data object that depends from the first query set data object
receiving, by the provider computing system, a request to generate a first query set data object associated with a query set including a first query and a second query, wherein the first query is a first query type and the second query is a second query type; generating, by the provider computing system, the first query set data object, wherein the first query set data object is structured according to a hierarchical query schema and comprises
the datasheet query set data object comprising: an expectedness field for storing an expectedness value; and a datasheet data object;
and at least one query data object that depends from the first query set data object,
at least one query data object that depends from the first query set data object
the at least one query data object comprising :a structured query data object comprising: at least one first hierarchical data object for storing a piece of hierarchical data;
or a custom query data object comprising: at least one second hierarchical data object for storing a piece of hierarchical data;
, the at least one query data object comprising at least one of: a structured query data object;
or a custom query data object;
generating, by the provider computing system, a first structured query data object associated with the first query;
adding, by the provider computing system, the first structured query data object to the at least one query data object of the first query set data object;
generating, by the provider computing system, a second custom query data object associated with the second query;
adding, by the provider computing system, the second custom query data object to the at least one query data object of the first query set data object;
receiving, by the provider computing system, second hierarchical data; associated with a second version;
storing, by the provider computing system, the second hierarchical data in the first database of the provider computing system;
executing, by the provider computing system and in response to storing the second hierarchical data in the first database, the first query and the second query of the query set on the first database
to select matching hierarchical data;
selecting, by the provider computing system, a datasheet from a second database of the provider computing system, the datasheet including outmoded hierarchical data;
and replacing, by the provider computing system, the outmoded hierarchical data of the datasheet with the matching hierarchical data
generating, by the provider computing system, a first structured query data object associated with the first query;
adding, by the provider computing system, the first structured query data object to the at least one query data object of the first query set data object;
generating, by the provider computing system, a second custom query data object associated with the second query;
adding, by the provider computing system, the second custom query data object to the at least one query data object of the first query set data object;
receiving, by the provider computing system, second hierarchical data associated with a second version;
storing, by the provider computing system, the second hierarchical data in the first database of the provider computing system;
executing, by the provider computing system and in response to storing the second hierarchical data in the first database, the first query and the second query of the query set on the first database to select matching hierarchical data;
selecting, by the provider computing system, a datasheet from a second database of the provider computing system, the datasheet including outmoded hierarchical data;
and replacing, by the provider computing system, the outmoded hierarchical data of the datasheet with the matching hierarchical data
and storing, by the provider computing system, the datasheet including the matching hierarchical data in the second database.
Instant claims 10-15 are rejected for the reasons given above for instant claims 2-7 above.
Patent
Instant Application
9. A provider computing system for querying hierarchical data, the provider computing system comprising: a first database for storing hierarchical data; a second database for storing a datasheet; a network interface configured to facilitate data communication via a network; and a processing circuit comprising a processor and a memory, the processing circuit configured to: receive, via the network interface, first hierarchical data associated with a first version; store the first hierarchical data in the first database; receive, via the network interface, a request to generate a first query set data object associated with a query set including a first query and a second query, wherein the first query is a first query type and the second query is a second query type; generate the first query set data object, wherein the first query set data object is structured according to hierarchical query schema and comprises:
a name field for storing a name of the first query set;
at least one datasheet query set data object that depends from the first query set data object, the datasheet query set data object comprising: an expectedness field for storing an expectedness value; and a datasheet data object;
and at least one query data object that depends from the first query set data object, the at least one query data object comprising:
a structured query data object comprising: at least one first hierarchical data object for storing a piece of hierarchical data;
or a custom query data object comprising: at least one second hierarchical data object for storing a piece of hierarchical data;
generate a first structured query data object associated with the first query; add the first structured query data object to the at least one query data object of the first query set data object; generate a second custom query data object associated with the second query; add the second custom query data object to the at least one query data object of the first query set data object; receive, via the network interface, second hierarchical data associated with a second version; store the second hierarchical data in the first database; execute, in response to storing the second hierarchical data in the first database, the first query and the second query of the query set on the first database to select matching hierarchical data; select the datasheet from the second database, the datasheet including outmoded hierarchical data; replace the outmoded hierarchical data of the datasheet with the matching hierarchical data;
16. A provider computing system for querying hierarchical data, the provider computing system comprising: a first database for storing hierarchical data; a second database for storing a datasheet; a network interface configured to facilitate data communication via a network; and a processing circuit comprising a processor and a memory, the processing circuit configured to: receive, via the network interface, first hierarchical data associated with a first version; store the first hierarchical data in the first database; receive, via the network interface, a request to generate a first query set data object associated with a query set including a first query and a second query, wherein the first query is a first query type and the second query is a second query type; generate the first query set data object, wherein the first query set data object is structured according to a hierarchical query schema and comprises:
at least one query data object that depends from the first query set data object, the at least one query data object comprising at least one of: a
structured query data object;
or a custom query data object;
generate a first structured query data object associated with the first query; add the first structured query data object to the at least one query data object of the first query set data object; generate a second custom query data object associated with the second query; add the second custom query data object to the at least one query data object of the first query set data object; receive, via the network interface, second hierarchical data associated with a second version; store the second hierarchical data in the first database; execute, in response to storing the second hierarchical data in the first database, the first query and the second query of the query set on the first database to select matching hierarchical data; select the datasheet from the second database, the datasheet including outmoded hierarchical data; and replace the outmoded hierarchical data of the datasheet with the matching hierarchical data.
and store the datasheet including the matching hierarchical data in the second database.
10. The provider computing system of claim 9, wherein the first query type is a standardized query type, and wherein receiving the first hierarchical data comprises: receiving, via the network interface, a first data package including the first hierarchical data and a first plurality of standardized queries including the first query, wherein each standardized query includes one or more pieces of the first hierarchical data and the standardized query type, and wherein the first plurality of standardized queries is associated with the first version.
17. The provider computing system of claim 16, wherein the first query type is a standardized query type, and wherein receiving the first hierarchical data comprises: receiving, via the network interface, a first data package including the first hierarchical data and a first plurality of standardized queries including the first query, wherein each standardized query includes one or more pieces of the first hierarchical data and the standardized query type, and wherein the first plurality of standardized queries is associated with the first version.
11. The provider computing system of claim 10, wherein receiving the second hierarchical data comprises:
receiving, via the network interface, a second data package including the second hierarchical data and a second plurality of standardized queries including a third query, wherein each standardized query of the second plurality of standardized queries includes one or more pieces of the second hierarchical data and the standardized query type, and wherein the third query is a new version of the first query;
and replacing the first query of the query set with the third query.
18. The provider computing system of claim 17, wherein receiving the second hierarchical data comprises:
receiving, via the network interface, a second data package including the second hierarchical data and a second plurality of standardized queries including a third query, wherein each standardized query of the second plurality of standardized queries includes one or more pieces of the second hierarchical data and the standardized query type, and wherein the third query is a new version of the first query;
and replacing the first query of the query set with the third query.
12. The provider computing system of claim 9, wherein the second query type is a custom query type, and wherein the processing circuit is further configured to:
receive, via the network interface, a request to generate the second query from a user computing device, the request identifying at least two pieces of the first hierarchical data; and generate the second query including the at least two pieces of the first hierarchical data.
19. The provider computing system of claim 16, wherein the second query type is a custom query type, and wherein the processing circuit is further configured to:
receive, via the network interface, a request to generate the second query from a user computing device, the request identifying at least two pieces of the first hierarchical data;
and generate the second query including the at least two pieces of the first hierarchical data.
13. The provider computing system of claim 9, wherein the first query type is a standardized query type and the second query type is a custom query type, wherein the first query includes at least one piece of the first hierarchical data associated with a first hierarchical classification or a second hierarchical classification, and wherein the second query includes at least one piece of the first hierarchical data associated with a third hierarchical classification, and wherein the third hierarchical classification is a higher classification than the first hierarchical classification and the second hierarchical classification.
20. The provider computing system of claim 16, wherein the first query type is a standardized query type and the second query type is a custom query type, wherein the first query includes at least one piece of the first hierarchical data associated with a first hierarchical classification or a second hierarchical classification, and wherein the second query includes at least one piece of the first hierarchical data associated with a third hierarchical classification, and wherein the third hierarchical classification is a higher classification than the first hierarchical classification and the second hierarchical classification.
Allowable Subject Matter
If the above rejection is overcome with a terminal disclaimer, then claims 1-20 would be allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERT M PHILLIPS, III whose telephone number is (571)270-3256. The examiner can normally be reached 10a-6:30pm EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ann J Lo can be reached at (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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/ALBERT M PHILLIPS, III/ Primary Examiner, Art Unit 2159
