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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 18/019,095, filed on 01/31/2023.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toyoshima et al., US 2022/0180069 A1, hereinafter “Toyoshima”.
Regarding claim 1, Toyoshima teaches a system (fig. 1, element 1, ¶ 32) connected to a first terminal (fig. 1, element 211a, ¶ 32) and a second terminal (fig. 1, element 211b, ¶ 32), wherein when an object displayed on a screen of the first terminal (fig. 6, element 212a) is a first object (fig. 6, see objects 231-237) and an object corresponding to the first object displayed on a screen of the second terminal is a second object (fig. 7, elements 221-225, ¶ 50-52), the first object is a questionnaire which has a plurality of question items and a plurality of answer sections corresponding to the respective plurality of question items (fig. 6, see question and answers), and when the second terminal receives information in one answer section of the questionnaire, the system causes the first terminal to display information regarding the question item corresponding to the one answer section (fig. 5, information 223, for example, ¶ 51).
Regarding claim 2, Toyoshima teaches that when the object is displayed on the screen of the second terminal by a sharing instruction from the first terminal, the first terminal displays: identification information regarding the second terminal (fig. 4, element 220 is considered such an identification information which identifies the degree of interest of the user of the other terminal).
Regarding claim 3, Toyoshima teaches a non-transitory computer-readable medium encoded with a computer program, where when the computer program is executed, the computer program causes the computer to function as (¶ 85-89): the system of claim 1 (see rejection of claim 1 above).
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 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 12,223,857. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims anticipate the limitations.
Instant Application
Patent No. 12,223,857
1. A system connected to a first terminal and a second terminal, wherein when an object displayed on a screen of the first terminal is a first object and an object corresponding to the first object displayed on a screen of the second terminal is a second object, the first object is a questionnaire which has a plurality of question items and a plurality of answer sections corresponding to the respective plurality of question items,
and when the second terminal receives information in one answer section of the questionnaire, the system causes the first terminal to display information regarding the question item corresponding to the one answer section.
1. A system which is connected with a first terminal and a second terminal, wherein when a questionnaire displayed on a screen of the first terminal is a first questionnaire and a questionnaire corresponding to the first questionnaire displayed on a screen of the second terminal is a second questionnaire, the first questionnaire has a plurality of question items and a plurality of answer sections corresponding to the respective plurality of question items, and the second questionnaire has a plurality of question items identical to the question items of the first questionnaire and a plurality of answer sections corresponding to the respective plurality of question items, and when the second terminal receives information in one answer section of the second questionnaire, the system causes the first terminal to display information regarding the question item corresponding to the one answer section besides the first questionnaire, wherein the information regarding the question item is content for notifying a user of which of the plurality of answer sections in the second questionnaires an answer is entered in.
4. The system according to claim 3, wherein when the one or plurality of terminals receive information in one answer section of the questionnaire corresponding to the first questionnaire, the system causes the first terminal to display information regarding the question item corresponding to the one answer section besides the first questionnaire.
2. The system according to claim 1, wherein when the object is displayed on the screen of the second terminal by a sharing instruction from the first terminal, the first terminal displays: identification information regarding the second terminal.
1. A system which is connected with a first terminal and a second terminal, wherein when a questionnaire displayed on a screen of the first terminal is a first questionnaire and a questionnaire corresponding to the first questionnaire displayed on a screen of the second terminal is a second questionnaire, the first questionnaire has a plurality of question items and a plurality of answer sections corresponding to the respective plurality of question items, and the second questionnaire has a plurality of question items identical to the question items of the first questionnaire and a plurality of answer sections corresponding to the respective plurality of question items, and when the second terminal receives information in one answer section of the second questionnaire, the system causes the first terminal to display information regarding the question item corresponding to the one answer section besides the first questionnaire, wherein the information regarding the question item is content for notifying a user of which of the plurality of answer sections in the second questionnaires an answer is entered in.
3. A non-transitory computer-readable medium encoded with a computer program, where when the computer program is executed, the computer program causes the computer to function as: a system connected to a first terminal and a second terminal, wherein when an object displayed on a screen of the first terminal is a first object and an object corresponding to the first object displayed on a screen of the second terminal is a second object, the first object is a questionnaire which has a plurality of question items and a plurality of answer sections corresponding to the respective plurality of question items, and when the second terminal receives information in one answer section of the questionnaire, the system causes the first terminal to display information regarding the question item corresponding to the one answer section.
5. 5. A program for causing a computer, the computer being connected with a first terminal and a second terminal, wherein when a questionnaire displayed on a screen of the first terminal is a first questionnaire and a questionnaire corresponding to the first questionnaire displayed on a screen of the second terminal is a second questionnaire, the first questionnaire has a plurality of question items and a plurality of answer sections corresponding to the respective plurality of question items, and the second questionnaire has a plurality of question items identical to the question items of the first questionnaire and a plurality of answer sections corresponding to the respective plurality of question items, and when the second terminal receives information in one answer section of the second questionnaire, the computer causes the first terminal to display information regarding the question item corresponding to the one answer section besides the first questionnaire, wherein the information regarding the question item is content for notifying a user of which of the plurality of answer sections in the second questionnaires an answer is entered in.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEPEHR AZARI whose telephone number is (571)270-7903. The examiner can normally be reached weekdays from 11AM-7PM.
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, Amr Awad can be reached at (571) 272-7764. 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.
/SEPEHR AZARI/ Primary Examiner, Art Unit 2621
Prosecution Insights