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 .
Status of Claims
Claims 1-20 remain pending and are ready for examination.
Double Patenting
The nonstatutory double patenting rejections are 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 rejections are appropriate where the claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(1)(1) - 706.02(1)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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
http://www.uspto.gov/patents/process/fil e/efs/g uid ance/e TD-info-1.jsp.
Claims 1-20 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of co-pending Application No. 19460802. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims corresponding to the copending application contain the scope of the invention of the instant application’s claims.
In addition, Claims 1-20 non-provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-15 of US. Patent No. 12190384. This is a non-provisional nonstatutory double patenting rejection. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the instant application are found in the US. Patent No. 12190384.
In addition, Claims 1-20 non-provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-15 of US. Patent No. 12299743. This is a non-provisional nonstatutory double patenting rejection. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the instant application are found in the US. Patent No. 12299743.
Related Arts:
Naga (US 20240235921 A9) discloses “ performing a telemetry aggregation operation. The telemetry aggregation operation includes: associating a data center asset from a plurality of data center assets with a data center asset group, the associating being based upon a telemetry information response time of the data center asset; identifying a telemetry aggregation cycle time for the data center asset group; collecting telemetry information from the data center asset of the plurality of data center assets; and, aggregating the telemetry information according to the telemetry aggregation cycle time.”
Hepp (US 11989776 B1) discloses “receiving, in a server, a request from a client device to access a digital item associated with an asset. The method also includes collecting a personal information of a user associated with the asset, assessing a status of the user based on the personal information, and collecting a historical information associated with similar users and similar assets. The method includes searching for values of the asset in a network, determining attributes of the digital item based on the value of the asset, the status of the user, and the historical information, and generating documents for the user, wherein collecting a personal information associated with the user comprises searching for a first information from a third party database, and requesting a second information from the user. A system and a non-transitory, computer-readable medium storing instruction to perform the above method are also provided.”
Franquin (US 20220398337 A1) discloses “ccessing a data governance policy comprising a first data standard (e.g., by obtaining information about the first standard stored in a database system); generating a first data asset collection at least in part by automatically selecting, from among the plurality of data assets managed by the data processing system and using at least one data asset criterion, one or more data assets that meet the at least one data asset criterion; associating the first data asset collection with the first data standard; and verifying whether at least one of the one or more data assets in the first data asset collection complies with the first data standard.”
Amer (US 20190304104 A1) discloses “generating, based on a description of a scene, a movie or animation that represents at least one possible version of a story corresponding to the description of the scene. This disclosure also describes techniques for training a machine learning model to generate predefined data structures from textual information, visual information, and/or other information about a story, an event, a scene, or a sequence of events or scenes within a story. This disclosure also describes techniques for using GANs to generate, from input, an animation of motion (e.g., an animation or a video clip). This disclosure also describes techniques for implementing an explainable artificial intelligence system that may provide end users with information (e.g., through a user interface) that enables an understanding of at least some of the decisions made by the AI system.”
Towriss (US 20170161758 A1) discloses “generates an input data set by determining a set of user information, a set of market index information, and available annuity products. A machine learning processor executes a price optimization module to traverse a computer-generated annuity matching model and select a subset of the available annuity products that are associated with product characteristics that match user objectives and generate annuity product recommendations for the user. The processor executes a market simulation module to traverse a computer-generated annuity performance prediction model using the annuity product recommendations and predictions of market performance to generate simulated outcomes for each of the annuity products. A client device generates a graphical user interface for display to the user via a display device, the graphical user interface including visual representations of each of: the annuity product recommendations and the simulated outcomes.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHER N ALGIBHAH whose telephone number is (571)272-0718. The examiner can normally be reached on Monday-Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aleksandr Kerzhner can be reached on (571) 270-1760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-1264.
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/MAHER N ALGIBHAH/Primary Examiner , Art Unit 2165
