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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8-11-2023 is acknowledged by the examiner.
Claim Objections
Claims 2-15 are objected to because of the following informalities: The dependent claims should be written in this format: ‘…The speakerphone according to claim 1, wherein…’. Appropriate correction is required.
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 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/232,389 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the cited patent application above discloses:
‘…obtain, using the processor, an internal output signal for provision of an internal audio output signal in an environment;
output, using the speaker and based on the internal output signal, the internal audio output signal in the environment;
obtain, using the first microphone, a microphone input signal;
determine, using the processor and based on the internal output signal and the microphone input signal, an impulse response associated with the environment;
determine, using the processor and based on the impulse response, one or more environment parameters indicative of acoustics of the environment, the one or more environment parameters including a first environment parameter;
determine, based on the first environment parameter, an environment score indicative of suitability of a conference setup in the environment; and
output the environment score…’ along with other limitations of claims 1 and 17 in the instant application.
For these reasons, claims 1-20 are rejected. Claims 2-16 depend on claim 1. Claims 18-20 depend on claim 17.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 13, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
It is not clear what the limitation ‘and/or’ refers to in the following claims: 4 and 20 (line 2, and/or the third parameter). Claim 13 depends on claim 4. Appropriate action is required.
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.
Claim(s) 1, 2, 5-7, 10-12, and 14-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. Appl. Publ. No. 2015/0371638 by Ma et al, hereinafter Ma (cited as prior art by Applicant in IDS filed on 8-11-2023).
Regarding claim 1, Ma discloses
A speakerphone (i.e. a mobile device or recognition system; paragraphs: 0021-0025, 0092), the speakerphone comprising an interface, a speaker, and one or more microphones including a first microphone (paragraph: 0112), the speakerphone comprising a processor and a memory (paragraphs: 0100, 0114), wherein the speakerphone is configured to:
obtain, using the processor, an internal output signal for provision of an internal audio output signal in an environment (paragraphs: 0134-0135, 0063);
output, using the speaker and based on the internal output signal, the internal audio output signal in the environment (paragraphs: 0134-0135, 0063);
obtain, using the first microphone, a microphone input signal (paragraphs: 0134-0135, 0063);
determine, using the processor and based on the internal output signal and the microphone input signal, an impulse response (i.e. context) associated with the environment (paragraphs: 0063-0065);
determine, using the processor and based on the impulse response, one or more environment parameters indicative of acoustics of the environment, the one or more environment parameters including a first environment parameter (paragraphs: 0056, 0063-0065, 0104-0111);
determine, based on the first environment parameter, an environment score indicative of suitability of a conference setup in the environment; and output the environment score (paragraphs: 00032, 0064, 092-0103).
Regarding claim 2, Ma discloses a speakerphone according to claim 1, wherein the processor comprises machine learning circuitry configured to operate according to a machine learning model, wherein to determine the one or more environment parameters comprises to determine the one or more environment parameters, based on the impulse response, using the machine learning model (paragraphs: 0056, 0063-0065, 0094, 0102, 0104-0111).
Regarding claim 5, Ma discloses a speakerphone according to claim 1, wherein the first environment parameter is indicative of a size of the environment, a volume of the environment, a level of absorption of the environment (paragraph: 0064, 0104-0116).
Regarding claim 6, Ma discloses a speakerphone according to claim 1, wherein the speakerphone is configured to: process, using the processor, the microphone input signal for provision of an external output signal; control the processing of the microphone input signal based on the first environment parameter; and transmit, via the interface, the external output signal (paragraph: 0133).
Regarding claim 7, Ma discloses a speakerphone according to claim 1, wherein the speakerphone is configured to determine, based on the first environment parameter, a conference setup recommendation; and wherein the speakerphone is configured to transmit the conference setup recommendation to the server device (paragraphs: 0032, 0064, 0092-0103).
Regarding claim 10, Ma discloses a speakerphone according to claim 1, wherein to obtain the internal output signal comprises to obtain a test signal; and wherein the internal output signal is based on the test signal (paragraphs: 0056, 0063-0065, 0093-0094, 0102, 0104-0111).
Regarding claim 11, Ma discloses a speakerphone according to claim 10, wherein the speakerphone is configured to determine the impulse response based on the test signal (paragraphs: 0056, 0063-0065, 0093-0094, 0102, 0104-0111).
Regarding claim 12, Ma discloses a speakerphone according to claim 1, wherein the speakerphone is configured to determine a background noise parameter, and wherein the speakerphone is configured to determine, based on the first environment parameter and the background noise parameter, the environment score (paragraphs: 0064, 0109, 0131-0133).
Regarding claim 14, Ma discloses a speakerphone according to claim 1, wherein the processor comprises a speech detector module configured to detect speech based on the microphone input signal (paragraphs: 0082, 0089, 0106, 0116).
Regarding claim 15, Ma discloses a speakerphone according to claim 14, wherein the speakerphone is configured to, in accordance with a detection of no speech and a detection of no internal output signal, determine a background noise parameter, and in accordance with a detection of speech and a detection of no internal output signal, determine a speech parameter, and wherein the speakerphone is configured to determine a signal-to-noise ratio based on the background noise parameter and the speech parameter, and wherein the speakerphone is configured to determine, based on the first environment parameter and the signal-to-noise ratio, the environment score (paragraphs: 0089, 0093).
Regarding claim 16, a system comprising a speakerphone according to claim 1 and an electronic device (paragraphs: 0021-0025, 0092, 0100, 0112, 0114).
Regarding claim 17, Ma discloses a method of operating a speakerphone system comprising one or more speakerphones including a first speakerphone and an electronic device (i.e. a mobile device or recognition system; paragraphs: 0021-0025, 0092, 0100, 0112, 0114), wherein the method comprises:
obtaining, using the first speakerphone, an internal output signal for provision of an internal audio output signal in an environment (paragraphs: 0134-0135, 0063);
outputting, using the first speakerphone and based on the internal output signal, an internal audio output signal in the environment (paragraphs: 0134-0135, 0063);
obtaining, using the first speakerphone, a microphone input signal (paragraphs: 0134-0135, 0063);
determining, using the first speakerphone and based on the internal output signal and the microphone input signal, an impulse response (i.e. context) associated with the environment (paragraphs: 0063-0065);
determine, using the first speakerphone and based on the impulse response, one or more environment parameters indicative of acoustics of the environment, the one or more environment parameters including a first environment parameter (paragraphs: 0056, 0063-0065, 0104-0111);
determining, based on the first environment parameter, an environment score indicative of suitability of a conference setup in the environment; and outputting, using the first speakerphone, the environment score (paragraphs: 00032, 0064, 092-0103).
Regarding claim 18, Ma discloses the method according to claim 17, wherein determining the one or more environment parameters comprises: determining the one or more environment parameters, based on the impulse response (paragraphs: 0063-0065), using a machine learning model (paragraphs: 0093-0099).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 Form.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to LISA HASHEM whose telephone number is 571-272-7542. The examiner can normally be reached on Monday and Thursday, 10 a.m. to 7 p.m. EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn Edwards can be reached on 571-270-7136.
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/LISA HASHEM/Primary Examiner, Art Unit 2692