DETAILED ACTION
Double Patenting
1. 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-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 www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 8 and 15 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1, 3, 8, 10, 15 and 17 of U.S. Patent No. 11,443,560. When claims in the pending application are broader than the ones in the patent, the broad claims in the pending application are rejected under obviousness type double patenting over previously patented narrow claims, In re Van Ornum and Stang, 214 USPQ 761.
Limitations of the present invention and corresponding U.S. Patent No. 11,443,560 are listed in the following table.
Instant Application: 18/411,260
U.S. Patent No. 11,443,560
1. A computer-implemented method comprising: joining, by a client device, a video conference hosted by a video conference provider, the video conference comprising a plurality of client devices; receiving an indication of a selection of an active pane view; in response to receiving the indication, displaying an active pane on a display of the client device, wherein the active pane displays a currently speaking video conference participant; determining a location of a camera of the client device; and displaying the active pane on the display adjacent to the camera.
8. A computer-implemented method for providing an active pane within a communication platform, comprising: displaying a view menu, the view menu configured to receive a selection of a view layout, wherein the view layouts include a speaker view, a gallery view, and an active pane view; receiving, via the view menu, a selection of the active pane view; in response to receiving the selection of the active pane view, displaying a draggable active pane, wherein the active pane automatically switches between displaying video conference participants based on which video conference participant is speaking and the dimensions of the active pane are smaller than full screen; receiving a drag input from a user on the active pane and moving the active pane to a new location on the screen, the new location being near a camera capturing video of the user in the video conference; and displaying the active pane on the screen at the new location near the camera.
10. The method of claim 8, further comprising: analyzing the captured video of the user in the video conference from the camera to detect one or more perspective lines; determining a physical location of the camera capturing video of the user in the video conference based on the one or more perspective lines; converting from the physical location of the camera to screen coordinates to generate screen coordinates on the computer system near the physical location of the camera; and displaying the active pane at the screen coordinates on the computer system near the physical location of the camera.
8. A system comprising: one or more processors; and one or more computer-readable storage media storing instructions which, when executed by the one or more processors, cause the one or more processors to perform operations including: joining, by a client device, a video conference hosted by a video conference provider, the video conference comprising a plurality of client devices; receiving an indication of a selection of an active pane view; in response to receiving the indication, displaying an active pane on a display of the client device, wherein the active pane displays a currently speaking video conference participant; determining a location of a camera of the client device; and displaying the active pane on the display adjacent to the camera.
1. A communication system comprising one or more processors configured to perform the operations of: displaying a view menu, the view menu configured to receive a selection of a view layout, wherein the view layouts include a speaker view, a gallery view, and an active pane view; receiving, via the view menu, a selection of the active pane view; in response to receiving the selection of the active pane view, displaying a draggable active pane, wherein the active pane automatically switches between displaying video conference participants based on which video conference participant is speaking and the dimensions of the active pane are smaller than full screen; receiving a drag input from a user on the active pane and moving the active pane to a new location on the screen, the new location being near a camera capturing video of the user in the video conference; and displaying the active pane on the screen at the new location near the camera.
3. The system of claim 1, wherein the processors are further configured to perform the operations of: analyzing the captured video of the user in the video conference from the camera to detect one or more perspective lines; determining a physical location of the camera capturing video of the user in the video conference based on the one or more perspective lines; converting from the physical location of the camera to screen coordinates to generate screen coordinates on the computer system near the physical location of the camera; and displaying the active pane at the screen coordinates on the computer system near the physical location of the camera.
15. A non-transitory computer-readable medium storing instructions that, when executed by one or more processors, cause the one or more processors to perform operations including: joining, by a client device, a video conference hosted by a video conference provider, the video conference comprising a plurality of client devices; receiving an indication of a selection of an active pane view; in response to receiving the indication, displaying an active pane on a display of the client device, wherein the active pane displays a currently speaking video conference participant; determining a location of a camera of the client device; and displaying the active pane on the display adjacent to the camera.
15. A non-transitory computer storage medium that stores executable program instructions that when executed by one or more computing devices, configures the one or more computing devices to perform operations comprising: displaying a view menu, the view menu configured to receive a selection of a view layout, wherein the view layouts include a speaker view, a gallery view, and an active pane view; receiving, via the view menu, a selection of the active pane view; in response to receiving the selection of the active pane view, displaying a draggable active pane, wherein the active pane automatically switches between displaying video conference participants based on which video conference participant is speaking and the dimensions of the active pane are smaller than full screen; receiving a user input from a user on the active pane and displaying a visual indicator at the location of the user input that the active pane is draggable; receiving a drag input from a user on the active pane and moving the active pane to a new location on the screen, the new location being near a camera capturing video of the user in the video conference; and displaying the active pane on the screen at the new location near the camera.
17. The non-transitory computer storage medium of claim 15, the operations further comprising: analyzing the captured video of the user in the video conference from the camera to detect one or more perspective lines; determining a physical location of the camera capturing video of the user in the video conference based on the one or more perspective lines; converting from the physical location of the camera to screen coordinates to generate screen coordinates on the computer system near the physical location of the camera; and displaying the active pane at the screen coordinates on the computer system near the physical location of the camera.
Claim Rejections - 35 USC § 103
2. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
3. Claims 1, 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Eleftheriadis et al, U.S. Patent Application Publication No. 2010/0002069 (hereinafter Eleftheriadis) in view of Schultz et al, U.S. Patent No. 9,325,939 (hereinafter Schultz).
Regarding claim 1, Eleftheriadis discloses a computer-implemented method comprising:
joining, by a client device, a video conference hosted by a video conference provider, the video conference comprising a plurality of client devices (from paragraph 0079, see FIG. 10 depicts an exemplary videoconferencing user interface provided to the user at the Receiver. The interface is hosted in an application window which consists of an area available for displaying video and a menu bar providing access to the functionalities of the Receiver application);
receiving an indication of a selection of an active pane view (from paragraph 0080, see the menu bar provides a button for selecting a layout preference. The button toggles between standard layout mode and active speaker layout mode); and
in response to receiving the indication, displaying an active pane on a display of the client device, wherein the active pane displays a currently speaking video conference participant (from paragraph 0081, see depicts the same user interface, this time with the layout selection button toggled to enlarged mode. The button icon is suggestive of the layout category (notice the larger view rectangle on the button). FIG. 11 also shows an actual active speaker layout, with 6 views).
Still on the issue of claim 1, Eleftheriadis does not teach determining a location of a camera of the client device and displaying the active pane on the display adjacent to the camera. All the same Schultz discloses determining a location of a camera of the client device (from column 7, see In the case where the camera 106 is positioned above the display 105, this corresponds to a placement of the content/focal point at or above the mid-point M of the display for causing a shifting of the line of sight of the user “upward” in the direction of the camera. Alternatively, in the case wherein the camera is positioned below the display 105, this corresponds to placement of the content/focal point at or below the mid-point M of the display for shifting the line of sight of the user “downward” in the direction of a line of sight of the user to the camera) and displaying the active pane on the display adjacent to the camera (from Figure 4F, see 427). Therefore, it would have been obvious to one of ordinary skill in the art to modify Eleftheriadis with determining a location of a camera of the client device and displaying the active pane on the display adjacent to the camera as taught by Schultz. This modification would have enhanced the experience of users during video conferencing sessions by ensuring the gaze of a user is directed towards the camera during a video conferencing session as suggested by Schultz.
Regarding claim 8, Eleftheriadis discloses a system comprising:
one or more processors; and one or more computer-readable storage media storing instructions which, when executed by the one or more processors, cause the one or more processors to perform operations including:
joining, by a client device, a video conference hosted by a video conference provider, the video conference comprising a plurality of client devices (from paragraph 0079, see FIG. 10 depicts an exemplary videoconferencing user interface provided to the user at the Receiver. The interface is hosted in an application window which consists of an area available for displaying video and a menu bar providing access to the functionalities of the Receiver application);
receiving an indication of a selection of an active pane view (from paragraph 0080, see the menu bar provides a button for selecting a layout preference. The button toggles between standard layout mode and active speaker layout mode); and
in response to receiving the indication, displaying an active pane on a display of the client device, wherein the active pane displays a currently speaking video conference participant (from paragraph 0081, see depicts the same user interface, this time with the layout selection button toggled to enlarged mode. The button icon is suggestive of the layout category (notice the larger view rectangle on the button). FIG. 11 also shows an actual active speaker layout, with 6 views).
Still on the issue of claim 8, Eleftheriadis does not teach determining a location of a camera of the client device and displaying the active pane on the display adjacent to the camera. All the same, Schultz discloses determining a location of a camera of the client device (from column 7, see In the case where the camera 106 is positioned above the display 105, this corresponds to a placement of the content/focal point at or above the mid-point M of the display for causing a shifting of the line of sight of the user “upward” in the direction of the camera. Alternatively, in the case wherein the camera is positioned below the display 105, this corresponds to placement of the content/focal point at or below the mid-point M of the display for shifting the line of sight of the user “downward” in the direction of a line of sight of the user to the camera); and displaying the active pane on the display adjacent to the camera (from Figure 4F, see 427). Therefore, it would have been obvious to one of ordinary skill in the art to modify Eleftheriadis with determining a location of a camera of the client device and displaying the active pane on the display adjacent to the camera as taught by Schultz. This modification would have enhanced the experience of users during video conferencing sessions by ensuring the gaze of a user is directed towards the camera during a video conferencing session as suggested by Schultz.
Regarding claim 15, Eleftheriadis discloses a non-transitory computer-readable medium storing instructions that, when executed by one or more processors, cause the one or more processors to perform operations including:
joining, by a client device, a video conference hosted by a video conference provider, the video conference comprising a plurality of client devices (from paragraph 0079, see FIG. 10 depicts an exemplary videoconferencing user interface provided to the user at the Receiver. The interface is hosted in an application window which consists of an area available for displaying video and a menu bar providing access to the functionalities of the Receiver application);
receiving an indication of a selection of an active pane view (from paragraph 0080, see the menu bar provides a button for selecting a layout preference. The button toggles between standard layout mode and active speaker layout mode); and
in response to receiving the indication, displaying an active pane on a display of the client device, wherein the active pane displays a currently speaking video conference participant (from paragraph 0081, see depicts the same user interface, this time with the layout selection button toggled to enlarged mode. The button icon is suggestive of the layout category (notice the larger view rectangle on the button). FIG. 11 also shows an actual active speaker layout, with 6 views).
Still on the issue of claim 15, Eleftheriadis does not teach determining a location of a camera of the client device and displaying the active pane on the display adjacent to the camera. All the same, Schultz discloses determining a location of a camera of the client device (from column 7, see In the case where the camera 106 is positioned above the display 105, this corresponds to a placement of the content/focal point at or above the mid-point M of the display for causing a shifting of the line of sight of the user “upward” in the direction of the camera. Alternatively, in the case wherein the camera is positioned below the display 105, this corresponds to placement of the content/focal point at or below the mid-point M of the display for shifting the line of sight of the user “downward” in the direction of a line of sight of the user to the camera); and displaying the active pane on the display adjacent to the camera (from Figure 4F, see 427). Therefore, it would have been obvious to one of ordinary skill in the art to modify Eleftheriadis with determining a location of a camera of the client device and displaying the active pane on the display adjacent to the camera as taught by Schultz. This modification would have enhanced the experience of users during video conferencing sessions by ensuring the gaze of a user is directed towards the camera during a video conferencing session as suggested by Schultz.
Allowable Subject Matter
4. Claims 2-7, 9-14 and 16-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
5. Applicant’s arguments have been considered but are deemed to be moot in view of the new grounds of rejection.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLISA ANWAH whose telephone number is 571-272-7533. The examiner can normally be reached Monday to Friday from 8.30 AM to 6 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn Edwards can be reached on 571-270-7136. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and 571-273-8300 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2600.
Olisa Anwah
Patent Examiner
December 24, 2025
/OLISA ANWAH/Primary Examiner, Art Unit 2692