BKLK Ltd.Download PDFPatent Trials and Appeals BoardNov 2, 20202019002159 (P.T.A.B. Nov. 2, 2020) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/371,644 12/07/2016 Ben-Zion KLEIN BKLK P0597C2 9564 122066 7590 11/02/2020 M&B IP Analysts, LLC 500 Headquarters Plaza Morristown, NJ 07960-7070 EXAMINER NGUYEN, DINH ART UNIT PAPER NUMBER 2647 NOTIFICATION DATE DELIVERY MODE 11/02/2020 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): eofficeaction@appcoll.com michael.benshimon@gmail.com pair@mb-ip.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte BEN-ZION KLEIN, ISRAEL BELFER, and EHUD SPIEGEL ____________________ Appeal 2019-002159 Application 15/371,644 Technology Center 2600 ____________________ Before ROBERT E. NAPPI, THU A. DANG, and JOHN P. PINKERTON, Administrative Patent Judges. PINKERTON, Administrative Patent Judge. DECISION ON APPEAL Appellant1 appeals under 35 U.S.C. § 134(a) from the Examiner’s final rejection of claims 75–95, which are all of the claims pending in the application. Claims 1–74 are canceled. We have jurisdiction under 35 U.S.C. § 6(b). We reverse. 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies BKLK Ltd. as the real party in interest. Appeal Br. 3. Appeal 2019-002159 Application 15/371,644 2 STATEMENT OF THE CASE Introduction Appellant generally describes the disclosed and claimed invention as follows: Apparatus for constructing a digital telephone message including a message defining unit, configured for allowing a sender to define a message for sending to a recipient, and a response defining unit, configured for allowing the sender to predefine a recipient response, and to include the predefined recipient response in the message for activation at the recipient. Apparatus for receiving a digital telephone message, the message including an activatable sender-defined response, the apparatus including a receiving unit for receiving the message, a notification unit for notifying a recipient of the arrival of the message, and a response activation unit for displaying the sender- defined response, and associating the sender-defined response with a user action for providing user input to send the response. Related apparatus and methods are also described. Abstract.2 Claims 75, 84, and 85 are independent claims. Claim 75, which is reproduced below, is illustrative of the subject matter on appeal: 75. A method for displaying response information for a digital group message, comprising: constructing the digital group message, the digital group message including a script code and at least one predetermined recipient response for activation at each of a plurality of recipient devices; 2 Our Decision refers to the Final Office Action mailed Mar. 22, 2018 (“Final Act.”); Appellant’s Appeal Brief filed August 20, 2018 (“Appeal Br.”) and Reply Brief filed Jan. 15, 2019 (“Reply Br.”); the Examiner’s Answer mailed Nov. 21, 2018 (“Ans.”); and the Specification filed Dec. 7, 2016 (“Spec.”). Appeal 2019-002159 Application 15/371,644 3 sending the constructed digital group message to the plurality of recipient devices, each recipient device not having the script code stored thereon, wherein the script code, when executed at one of the recipient devices, configures the recipient device to display at least a portion of the at least one predetermined activatable recipient response; determining, for each of the plurality of recipient devices, at least one response identifier, wherein each response identifier indicates at least a status of a response from the recipient device to the digital group message; and displaying the response identifiers. Appeal Br. 18 (Claims App.). Rejections on Appeal Claims 75, 84, 85, and 89 stand provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 75, 84, 85, and 86 of copending Application No. 15/371,633 (“the ’633 application”) in view of Diddee et al. (US 2006/0026256 A1; published Feb. 2, 2006) (“Diddee”) and Donald et al. (US 7,620,407 B1; issued Nov. 17, 2009) (“Donald”). Final Act. 7–8. Claims 75, 76, 79, 80, 84–86, 89, 90, 94 and 95 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Diddee and Donald. Final Act. 9–14. Claims 77, 78, 87, and 88 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Diddee, Donald, and Lemay et al. (US 2008/0055269 A1; published Mar. 6, 2008) (“Lemay”). Final Act. 14–16. Claims 81 and 91 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Diddee, Donald, and Banerjee et al. (US 2003/0110275 A1; published June 12, 2003) (“Banerjee”). Final Act. 16–17. Appeal 2019-002159 Application 15/371,644 4 Claims 82, 83, 92, and 93 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Diddee, Donald, and Engstrom et al. (US 2004/0137884 A1; published July 15, 2004) (“Engstrom”). Final Act. 17– 19. ANALYSIS The dispositive issue raised by the arguments in Appellant’s briefs is whether Diddee teaches or suggests “the digital group message including a script code,” as recited in claim 75, and as similarly recited in independent claims 84 and 85 (sometimes referred to herein as “the disputed limitation”).3 Examiner’s Rejection of Claim 75 The Examiner rejects claim 75 under 35 U.S.C. § 103(a) as being unpatentable over the combination of Diddee and Donald. Final Act. 9–11. In particular, the Examiner finds Diddee’s “structured communication for transmission to one or more recipients” teaches the claimed “digital group message.” Id. at 9 (citing Diddee ¶ 8). The Examiner also finds that Diddee discloses a user can transmit a link to the structured communication to another user using instant messenger component 212 or 214, and “the link is a program [that] comprises a script and code to be executed.” Id. (citing Diddee ¶ 30, Fig. 9); Ans. 4. The Examiner further finds Diddee teaches the structured communication “is a data structure, hence is a program.” Ans. 4 3 Appellant argues the rejection of claims 75, 76, 79–80, 84–86, 89, 90, 94, and 95 under § 103(a) as a group focusing on claim 75. See Appeal Br. 6– 15. Appellant argues the rejections of dependent claims 77, 78, 81–83, 87, 88, 92, and 93 under § 103(a) as a group and asserts they are allowable at least by virtue of their dependence on allowable base claims. Id. at 15–16. Accordingly, we select claim 75 as illustrative, and the remaining claims stand or fall with claim 75. See 37 C.F.R. § 41.37(c)(1)(iv). Appeal 2019-002159 Application 15/371,644 5 (citing Diddee ¶¶ 16, 51, Fig. 9). With respect to the embodiment of Diddee in which the structured communication can be integrated with the instant message, the Examiner finds that the structured communication itself “contains questions and pre-defined answers are scripts entered by the sender and being coded in digital format to be processed and transmitted to the recipients, hence script code.” Id. at 4–5. In addition, the Examiner finds Diddee teaches that the structured communication “does provide functionality . . . to allow instant messenger component 214 to display that structured communication to the user of component 204.” Id. at 5–6 (citing Diddee ¶ 32). With respect to the embodiment of Diddee in which the user receives a “link” to a stored structured communication, the Examiner finds “the structured communication includes the link as script code and the questions and pre-defined answers are also script code.” Id. at 5; see also id. at 7 (citing Diddee ¶ 34) (finding “the link is a script code”). The Examiner also finds that a link or hyperlink written in hypertext markup language (“HTML”) “is a script that is coded and to be executed hence a program, a script code.” Id. at 7. The Examiner further finds that Diddee specifically discloses a link is something considered to be executable code, such that when actuated, “[t]his will cause instant messenger component 214 to illustratively launch a browser and open the web page corresponding to that link and to thus display the structured [communication].” Id. at 4, 7–10 (citing Diddee ¶ 34). The Examiner appears to conclude that “script code” is “[b]y definition from Wikipedia, ‘Writing systems Script (styles of handwriting) Script (Unicode), collections of letters and other written signs, each assigned to a Unicode number’, Computing Script (computer Appeal 2019-002159 Application 15/371,644 6 programming), a computer program written in a scripting language SCRIPT (markup), a text formatting language developed by IBM.’” Id. at 4, 8 (citing Wikipedia, “Scripting language,” https://en.wikipedia.org/wiki/Scripting_language). Moreover, the Examiner finds that “a hyperlink is a script with certain texts and signs/punctuations, etc. to open a specific web page, etc. such as, https://en.wikipedia.org/wiki/Hyperlink. Hence a link is a script (i.e., written texts) comprises codes, thus, a script code to be executed for opening and/or displaying a web page.” Id. at 8–11. Thus, the Examiner finds “that the structured communication including a link is a data structure, a program written with a collection[] of letters and other written signs, hence Diddee discloses structured communication includes script code such as the link, the questions and pre-defined answers are scripts that [are] being displayed in Figure 9.” Id. at 12. Overview of Diddee Diddee uses instant messaging to effectuate structured communications. Diddee, code (57). Diddee explains that: A structured communication component is used in conjunction with an instant messaging component to allow an instant messaging user to formulate a structured communication for transmission to one or more recipients. The recipients are presented with the structured communications such that they provide a structured response that is transmitted back to the sender of the message. Diddee ¶ 8. Figure 2 of Diddee, which is reproduced below, is an exemplary block diagram of the invention. Appeal 2019-002159 Application 15/371,644 7 As shown in Figure 2, communication components 202 and 204 are computing devices, such as a mobile telephone or laptop computer, having instant messenger components 212 and 214 installed thereon to interact with instant messenger service provider 206 so users of the devices can provide inputs to engage in instant messaging with one another. Diddee ¶¶ 26–28. Structured communication components 216 and 218 are also installed on communication components 202 and 204 to allow users to access structured communications through instant messenger components 212 and 214, respectively. Id. ¶ 29. Diddee explains that “the term structured communication refers to a communication to a recipient that allows the Appeal 2019-002159 Application 15/371,644 8 recipient to choose one of a plurality of pre-defined responses to the communication.” Id. Appellant’s Arguments Appellant contends that neither embodiment or variant of Diddee, as taught in paragraphs 32 and 33, teaches or suggests the disputed limitation of claim 75. Appeal Br. 6–8. In regard to Diddee’s first embodiment, Appellant argues that “Diddee does not teach that the structured communication integrated in the instant message includes script code.” Id. at 7. Appellant also argues that, “[i]in computing, a ‘script’ is a program ‘written for a special run-time environment’ and includes code written in the scripting language.” Id. (citing Wikipedia, “Scripting language,” https://en.wikipedia.org/wiki/Scripting_language (last accessed May 15, 2018). According to Appellant, “Diddee does not even mention a scripting language, let alone that the structured communication contains code written in such language.” Id. Appellant further argues that “Diddee specifically teaches that other components (i.e., not the structured communication) cause display of the structured communication and, more specifically, that the structured communication component [218] provides such functionality,” which does not read on the limitation “the digital message including a script code.” Id. at 8 (citing Diddee ¶ 32). In regard to Diddee’s second embodiment in which the user receives a link to a structured communication, Appellant argues that “the link is not described as being script code.” Id. at 8 (citing Diddee ¶ 34). According to Appellant, a person of ordinary skill in the art would understand “what script code is” and “would not regard a link as being script code” or “executable code,” but rather “would consider a link [or hyperlink] to be an address that Appeal 2019-002159 Application 15/371,644 9 points to another location.” Id. at 8–14. Appellant also argues that, as confirmed by Diddee, “the link of Diddee is simply an address to where the structured communication is stored,” and when the link is received, it is not executed, but “the code in the receiver opens a browser and passes the link to the browser,” which “takes the link as a new address, bringing in the structured communication as the page at the location specified in the link.” Id. at 10–11 (citing Diddee ¶¶ 30, 34). Appellant further argues that paragraphs 16 and 51 of Diddee do not necessarily teach or suggest that the structured communication includes computer-executable instructions or script code. Reply Br. 4–6. Applicable Law “After evidence or argument is submitted by the applicant in response [to the Examiner’s presentation of a prima facie case of unpatentability], patentability is determined on the totality of the record, by a preponderance of evidence with due consideration to persuasiveness of argument.” In re Oetiker, 977 F.2d 1443, 1445 (Fed. Cir. 1992); see also In re Sullivan, 498 F.3d 1345, 1352 (Fed. Cir. 2007) (“Whether the composition would have been obvious cannot be determined without considering evidence attempting to rebut the prima facie case.”); In re Rinehart, 531 F.2d 1048, 1052 (CCPA 1976) (“When prima facie obviousness is established and evidence is submitted in rebuttal, the decision-maker must start over.”). Claim Construction Before addressing the merits of Appellant’s arguments, we first construe the term “script code.” Appellant argues that “in computing, a ‘script’ is a program ‘written for a special run-time environment’ and includes code written in the scripting language.” Appeal Br. 7 (citing Appeal 2019-002159 Application 15/371,644 10 Wikipedia, “Scripting language,” https://en.wikipedia.org/wiki/Scripting_language (last accessed May 15, 2018)). Claim 75 recites “the digital group message including a script code” and “wherein the script code, when executed at the recipient device, configures the recipient device to display.” The claim language, therefore, indicates that “script code” comprises executable computer instructions to configure the device to display. Appellant’s Specification does not expressly define the term “script code.” In describing certain embodiments of the invention, the Specification states, for example, “sending the response is performed by software such as, by way of a non-limiting example, a script, or a widget configured in the receiving apparatus.” Spec. 21, ll. 23–25. The Specification also states that the short message service (“SMS”) client software parses the SMS text and “optionally uses at least some of the SMS text as a directive or script for execution.” Spec. 35, ll. 13–15. The Specification further states, “the indication that a response is desired optionally comprises code, executable at the receiver” and in other embodiments “the code comprises a script to be optionally run by the receiver.” Spec. 36, ll. 3–4, 9–10. Thus, the Specification indicates that “script code” comprises computer instructions for execution by the receiver. Referring to the Wikipedia “Scripting language” article cited by Appellant,4 the Examiner finds “script” or “script code” means: “Writing systems Script (styles of handwriting) Script (Unicode), collections of letters and other written signs, each assigned to a Unicode number”, “Computing 4 Wikipedia, “Scripting language,” https://en.wikipedia.org/wiki/Scripting_language. See Ans. 4. Appeal 2019-002159 Application 15/371,644 11 Script (computer programming), a computer program written in a scripting language SCRIPT (markup), a text formatting language developed by IBM.” Ans. 4–5, 8. The Examiner then concludes that the “structured communication is a data structure, a program written with a collection[] of letters and other written signs.” Id. at 5. Appellant argues, however, that the ‘“collections of letters and other written signs’ language cited by the Examiner is not part of the definition of ‘Computing Script (computer programming).’ Rather, such language is taken from the definition of Unicode, which is not a program or programming language.” Reply Br. 5. Thus, Appellant argues, and we agree, that “a definition of a collection of symbols used for writing systems is not relevant to the question of whether a structured communication is or includes a script code in the computer programming context.” Id. We find that the extrinsic evidence submitted by Appellant, namely the Wikipedia “Scripting language” article, is vague and unspecific in regard to the meaning of “script code.” We also find it is unhelpful because it essentially defines the term using the term itself—“‘script’ is a program . . . and includes code written in the scripting language.” Thus, in view of the evidence and arguments presented, particularly the language of claim 75 and the discussion of “script code” in the Specification, we conclude that the broadest reasonable interpretation of the term “script code” is “executable computer program instructions.” Does Diddee Disclose the Disputed Limitation? Turning to Appellant’s arguments, we determine, on this record, that the disclosures of Diddee relied on by the Examiner do not teach or suggest “the digital group message including a script code,” for five reasons. First, Appeal 2019-002159 Application 15/371,644 12 in regard to the embodiment of Diddee in which the structured communication is integrated with the instant message generated by the user, Appellant argues, and we agree, that Diddee specifically teaches that the structured communication component (not the structured communication) provides the functionality to display the structured communication. Appeal Br. 7–8 (citing Diddee ¶ 32) (emphasis added); Reply Br. 5–6. In that regard, paragraph 32 of Diddee states as follows: In that instance, where the structured communication is integrated into the instant message, the message is simply transmitted to communication component 204. Structured communication component 218 on communication component 204 will recognize that a structured communication has been embedded in the instant message and provide functionality to allow instant messenger component 214 to display that structured communication to the user of component 204, and to allow the user to respond to that structured communication. (Emphasis added). Thus, Appellant also argues, and we agree, that “at best, Diddee appears to teach the structured communication component including a script code,” but this “does not read on the claimed features of the digital [group] message including a script code.” Appeal Br. 8. Second, we are not persuaded by the Examiner’s finding that Diddee discloses the structured communication “is a data structure, hence is a program.” Ans. 4 (citing Diddee ¶¶ 16, 51, Fig. 9). Instead, we agree with Appellant that, although Diddee includes a general assertion that the invention may be implemented using computer-executable instructions, this “does not necessarily imply that the structured communication sent according to those teachings includes such computer-executable Appeal 2019-002159 Application 15/371,644 13 instructions.” Reply Br. 4. In that regard, Appellant further argues as follows: An alternative interpretation of [paragraph 16] of Diddee would be that the programs for creating, sending, receiving, and interpreting the structured communication may be implemented via computer-executable instructions, but that the structured communication itself does not necessarily include any computer- executable instructions, let alone a script code. Indeed, as Appellants noted in the Appeal Brief, Diddee suggests that the structured communication components (i.e., the components configured for creating, sending, and receiving structured communications) provide functionality for displaying the structured communication. Appeal Brief, page 7. Id. In view of the specific disclosure of paragraph 32 of Diddee that the structured communication component, rather than the structured communication, provides the display functionality, as discussed supra, we agree with Appellant’s argument. Thus, we also agree with Appellant’s argument that the Examiner’s interpretation of paragraph 16 of Diddee is not reasonable because “[t]he Examiner does not explain why the structured communication itself would include a script code for displaying the message when the structured communication component provides this functionality.” Reply Br. 4. Third, we are persuaded by Appellant’s argument that paragraph 51 of Diddee does not disclose “the digital message including a script code.” Id. at 5–6. Paragraph 51 of Diddee explains that Figure 9 is a screenshot showing “an embodiment in which the structured communication is integrated with an instant message.” Paragraph 51 states that when the sender’s instant messenger component has started a chat conversation with one of the recipient’s instant messenger components, “a structured question is presented . . . along with a list of pre-defined selectable options for Appeal 2019-002159 Application 15/371,644 14 response in a drop down box.” However, as Appellant argues, and we agree, “the structured communication being sent does not automatically equate to sending of a script code.” Id. at 5. As Appellant argues, “it is important to note that contents of an electronic message may be transferred and used for display without including any executable code” (emphasis omitted) and “[t]he receiver may be configured with software to interpret and display the contents of the message.” Id. Thus, we agree with Appellant’s argument that “a person having ordinary skill in the art would not understand merely sending an electronic message as reading on sending a digital [group] message including script code.” Id. (second emphasis omitted). Fourth, in regard to Diddee’s second embodiment in which a user receives a link to a stored structured communication (see Diddee ¶¶ 33–34), we do not agree with the Examiner’s finding that “the structured communication includes the link as script code.” Ans. 5, 7 (citing Diddee ¶ 34). Instead, we agree with Appellant that a person of ordinary skill in the art “would not regard a link as being script code” or executable code, but rather “would consider a link to be an address that points to another location” and that “is not executed.” Appeal Br. 8–14. In that regard, Appellant provides persuasive evidence and reasoning that a link or hyperlink corresponds to an address or pointer and is not script code or executable code. Appeal Br. 9–14 (citing Wikipedia, “Hyperlink,” https://en.wikipedia.org/wiki/Hyperlink (last accessed May 15, 2018); Merriam Webster, “Hyperlink,” https://www.merriam-webster.com/dictionary/hyperlink (last accessed May Appeal 2019-002159 Application 15/371,644 15 15, 2018); Techterms, “Hyperlink,” https://techterms.com/definition/hyperlink (last accessed May 15, 2018); Wikipedia, “Web browser,” https://en.wikipedia.org/wiki/Web_browser (last accessed May 15, 2018); Wikipedia, “Pointer (computer programming),” https://en.wikipedia.org/wiki/Pointer_(computer_programming) (last accessed May 15, 2018); Wikipedia, “Memory address,” https://en.wikipedia.org/wiki/Memory_address (last accessed May 15, 2018). Appellant also persuasively argues that this is confirmed by paragraphs 30 and 34 of Diddee: Put together, this shows that the link of Diddee is simply an address to where the structured communication is stored. When the link is received, it is recognized as a link. The link is not executed. Rather, the code in the receiver opens a browser and passes the link to the browser. The browser takes the link as a new address, bringing in the structured communication as the page at the location specified in the link. No script code or execution of the link is performed. It is simply a pointer to where the structured communication is stored. Appeal Br. 10–11 (emphasis omitted). Fifth, we also do not agree with the Examiner’s finding that a hyperlink written in HTML “is a script that is coded and to be executed[,] hence a program, a script code.” Ans. 7–13. Initially, we are persuaded by Appellant’s argument that the “Scripting language” article cited by the Examiner does not mention HTML as being a scripting language and does not otherwise support the Examiner’s assertion that HTML is “a particular programming format.” Reply Br. 2. Appellant also argues, and we agree, that, “[i]n contrast, HTML is a markup language which, in turn, is defined as Appeal 2019-002159 Application 15/371,644 16 ‘a way to combine text and extra information about it.’” Id. (citing Wikipedia, “Markup language,” https://en.wikipedia.org/w/index.php?title=Markup_language&oldid=18106 6476, (revision by 72.226.233.185 from December 30, 2007, at 22:13). Appellant further argues, and we agree, that the “Markup language” article does not mention or suggest that HTML or other markup languages are or include script and, even assuming HTML could reasonably be interpreted as reading on script code, the Examiner “does not provide any evidence demonstrating that, historically as of the time of invention, HTML would read on the broadest interpretation of script code.”5 Id. at 2–3. Moreover, we determine that Appellant provides persuasive evidence in support of its argument that “HTML is not a programming language[,] and a link ‘written’ in HTML does not provide functionality in the sense that a script written in a programming language would.” Id. at 3 (citing Romy, B., “Why HTML is Not a Programming Language,” lnfospace: The Official Blog of the Syracuse University School (April 5, 2012) (https://ischool.syr.edu/infospace/2012/04/05/why-htmlis- not-a- programming-language/). Opinion On this record, we find the Examiner has not shown by a preponderance of the evidence that Diddee teaches or suggests “the digital group message including a script code.” Thus, we do not sustain the 5 Appellant notes that between the priority date of 2007 and the filing of the Reply Brief in 2015, “HTML underwent at least one major revision from version 4.01 to version 5.0 in 2014.” Reply Br. 3 (citing Wikipedia, “HTML,” “HTML versions timeline,” https://en.wikipedia.org/wiki/HTML (last accessed January 15, 2019)). Appeal 2019-002159 Application 15/371,644 17 Examiner’s rejection of claim 75 under 35 U.S.C. § 103(a). For the same reasons, we do not sustain the Examiner’s rejections of independent claims 84 and 85, and dependent claims 76, 79, 80, 86, 89, 90, 94, and 95, which similarly recite “the digital group message including a script code.” The Examiner does not rely on any of the secondary references, Donald, Lemay, Banerjee, and Engstrom, to teach or suggest the disputed limitation of claim 75. Thus, for the same reasons discussed with respect to claim 75, we do not sustain the Examiner’s rejections of claims 77, 78, 81–83, 87, 88, and 91–93 under 35 U.S.C. § 103(a). We do not reach the provisional rejection of claims 75, 84, 85, and 89 over claims of the ’633 application. Neither Appellant’s Briefs, nor the Examiner’s Answer, has provided arguments on the merits directed to the claims of the ’633 application. However, because we have reversed the Examiner’s other rejections and “[t]he only remaining rejection is a provisional non-statutory double patenting rejection,” we determine it is “premature” to address this rejection and consequently do not reach it. See In re Moncla, 95 USPQ2d 1884 (BPAI 2010) (precedential). DECISION We reverse the Examiner’s rejection of claims 75, 76, 79, 80, 84–86, 89, 90, 94, and 95 under 35 U.S.C. § 103(a) as being unpatentable over Diddee and Donald. We reverse the Examiner’s rejection of claims 77, 78, 87, and 88 under 35 U.S.C. § 103(a) as being unpatentable over Diddee, Donald, and Lemay. We reverse the Examiner’s rejection of claims 81 and 91 under 35 U.S.C. § 103(a) as being unpatentable over Diddee, Donald, and Banerjee. Appeal 2019-002159 Application 15/371,644 18 We reverse the Examiner’s rejection of claims 82, 83, 92, and 93 under 35 U.S.C. § 103(a) as being unpatentable over Diddee, Donald, and Engstrom. DECISION SUMMARY Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 75, 84, 85, 89 Nonstatutory double patenting over claims 75, 84, 85, 86 of Application No. 15/371,633 (not reached) 75, 76, 79, 80, 84–86, 89, 90, 94, 95 103(a) Diddee, Donald 75, 76, 79, 80, 84–86, 89, 90, 94, 95 77, 78, 87, 88 103(a) Diddee, Donald, Lemay 77, 78, 87, 88 81, 91 103(a) Diddee, Donald, Banerjee 81, 91 82, 83, 92, 93 103(a) Diddee, Donald, Engstrom 82, 83, 92, 93 Overall Outcome 75–95 REVERSED Copy with citationCopy as parenthetical citation