DETAILED ACTION
This Office Action is in response to Application 18/440,930 filed on 02/13/2024.
In the instant application, claims 1, 2 and 3 are independent claims; Claims 1-20 have been examined and are pending. This action is made non-final.
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 .
Drawings
The drawings submitted on 02/13/2024 are acceptable.
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 obviousness-type 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); 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 conflicting 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Independent Claims 1 and 3 are rejected on the ground of nonstatutory double patenting over claims 1 and 23 of U. S. Patent No. 12430832 B2 (hereinafter 832’) since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
Instant Application 18/440,930
Patent 832’
Claim 1:
An electrical audio signal processing system and device, comprising:
+ a. a processor configured to execute coded instructions for retrieval, processing, and presentation of content to a user; b. An integrated circuit for processing electrical audio signals, the circuit being capable of converting digital audio data into human-perceptible audio output, and further comprising audio features to utilize a digital audio format; c. A display screen configured to exhibit digital content connected with the device to provide a medium for user interaction with the content presented by the system; d. An audio presentation module designed to present audio data to the user;
+ wherein the device is arranged for operations comprising: displaying a content element on the display screen;
+ presenting an audio segment corresponding to the content element; removing the content element from the display upon conclusion of the audio segment of the content element;
+ Orchestrating presentation of the content element, wherein the audio content element is derived from digital audio data and is presented through an output mechanism in a manner that may be perceptible to the user; and
+ subsequently displaying a next content element and presenting a next audio segment, wherein the system is equipped with a content sequencing logic that governs temporal progression of content elements, orchestrating order and timing in which content is accessible.
Claim 3:
A computer-implemented method for electrical audio signal processing, comprising:
+ a. Executing coded instructions for retrieval, processing, and presentation of content to a user; b. Processing electrical audio signals by converting digital audio data into human-perceptible audio output, utilizing a digital audio format; c. Exhibiting digital content, including various content types to provide a medium for user interaction with the content presented; e. Storing in memory machine-readable instructions, or content files, or user data, or system operation logs; and f. Presenting audio data to the user, the method being capable of delivering a range of audio outputs;
+ wherein the method comprises: rewriting text content to create a new version of the text content,
+ displaying a content element;
+ Presenting sequential content elements, which may comprise a variety of different digital content elements;
+ Orchestrating the audio presentation of the content element, where the audio content element is derived from digital audio data and is presented through an output mechanism in a manner that may be perceptible to the user; and
+ wherein the method provides a means for the user to switch between presentation of the text content and presentation of the new version of the text content while maintaining a corresponding position;
+ wherein the method includes sequencing logic that governs temporal progression of content elements, orchestrating order and timing in which content is accessible.
Claim 1:
A computer-implemented method for computer graphics processing and selective visual display, comprising:
+ a. Executing coded instructions for retrieval, processing, and presentation of content to a user; b. Processing electrical audio signals by converting digital audio data into human-perceptible audio output, utilizing a digital audio format; c. Exhibiting digital content, including various content types to provide a medium for user interaction with the content presented; d. Storing in memory machine-readable instructions, or content files, or user data, or system operation logs; and e. Presenting audio data to the user, the method being capable of delivering a range of audio outputs;
+ wherein the method comprises: displaying a content element;
+ Presenting sequential content elements, which may comprise a variety of different digital content elements; presenting an audio segment corresponding to the content element; ceasing the displaying of the content element;
+ Orchestrating the audio presentation of the content element, where the audio content element is derived from digital audio data and is presented through an output mechanism in a manner that may be perceptible to the user; and
+ subsequently displaying a next content element and presenting a next audio segment, wherein the method includes sequencing logic that governs temporal progression of content elements, orchestrating order and timing in which content is accessible.
Claim 23:
A computer-implemented method for computer graphics processing and selective visual display, comprising:
+ a. Executing coded instructions for retrieval, processing, and presentation of content to a user; b. Processing electrical audio signals by converting digital audio data into human-perceptible audio output, utilizing a digital audio format; c. Exhibiting digital content, including various content types to provide a medium for user interaction with the content presented; e. Storing in memory machine-readable instructions, or content files, or user data, or system operation logs; and f. Presenting audio data to the user, the method being capable of delivering a range of audio outputs;
+ wherein the method comprises: rewriting text content to create a new version of the text content,
+ displaying a content element;
+ Presenting sequential content elements, which may comprise a variety of different digital content elements;
+ Orchestrating the audio presentation of the content element, where the audio content element is derived from digital audio data and is presented through an output mechanism in a manner that may be perceptible to the user; and
+ wherein the method provides a means for the user to switch between presentation of the text content and presentation of the new version of the text content while maintaining a corresponding position;
+ wherein the method includes sequencing logic that governs temporal progression of content elements, orchestrating order and timing in which content is accessible.
Claim 5-8 of the instant application are similar to claims 3-6 of 832’ respectively
As can be seen from the table above, independent Claim 1 of the instant application is anticipated by Claim 1 of 832’, in that Claim 1 of 832’ contains all the limitations of Claim 1 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting. Claim 3 is similarly mapped to claim 23 of 832’ as such is unpatentable for obvious-type double patenting. The instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof.”
Allowable Subject Matter
Claims 1-20 are allowed when the double patenting issue is resolved.
Examiner’s Statement of reason of Allowance
The following is an examiner’s statement of reasons for allowance:
The present invention is directed to an electrical audio signal processing system and device, an electrical audio signal processing system and a computer-implemented method for retrieval, processing, and presentation of content to a user; an integrated circuit for processing electrical audio signals, the circuit being capable of converting digital audio data into human-perceptible audio output, and further comprising audio features to utilize a digital audio format; a display screen configured to exhibit digital content connected with the device to provide a medium for user interaction with the content presented by the system.
Independent claims 1, 2 and 3 when considered as a whole, are allowable over the prior arts of record.
The closest prior arts can be found: Lin (US 2006/0136824) teaches an improved method and document management configuration to allow a person to conveniently control a sentence structure by easily shuffling different phrases in a sentence such that better, faster, and more accurate document translations can be accomplished among a team of patent attorneys/agents in working together to draft a patent applications into at least two different languages. A novel document processing and translating program is provided to first process the document to select few sentences each with a representative sentence structure. A manual input is allowed for each of these sentences a "standard" translation with a correspondent "standard" sentence structure in a second language. These correspondent standard sentence structures in the second language will then be applied as a reference for translation to improve the quality of the translation. of a user wearing the virtual wearable computing device to a physical obstruction; and alerting, by the virtual wearable computing device, the user regarding the detection of the hazardous condition. Candelore et al. (US 2020/0387708) teaches a head-mounted device includes a first image capturing device, a transparent display, and circuitry. The first image capturing device captures an image of a scene in a line-of-sight (LOS) of a wearer of the head-mounted device. The circuitry receives an audio segment that corresponds to audio content. The circuitry determines a level of each image characteristic of a background portion and a foreground portion of the captured image. The circuitry estimates a first region on a display portion of the transparent display for display of text information associated with the received audio segment. The circuitry determines a level of each display characteristic from a set of display characteristics for the text information based on the estimated first region and the determined level of each image characteristic. The circuitry controls the display of the text information in the estimated first region of the display portion of the transparent display. Mitchell (US 2016/0224316) provides a vehicle interface system for performing word processing, the system comprising: a display for displaying text in the form of words made up of one or more characters, the display comprising a text display location consisting of a fixed number of character entry points; a processor configured to: divide a passage of text into segments comprising one or more words, each segment consisting of a maximum number of characters equal to or less than the fixed number of said character entry points; and output each complete segment of said text to the display for display in said text display location.
However, closest prior arts as discussed above, do not teach or suggest the particular combination of steps or elements as recited in the amended independent claims 1, 2 and 3. For example, the prior arts do not teach of suggest the steps of “displaying a content element on the display screen; presenting an audio segment corresponding to the content element; removing the content element from the display upon conclusion of the audio segment of the content element; Orchestrating presentation of the content element, wherein the audio content element is derived from digital audio data and is presented through an output mechanism in a manner that may be perceptible to the user; and subsequently displaying a next content element and presenting a next audio segment, wherein the system is equipped with a content sequencing logic that governs temporal progression of content elements, orchestrating order and timing in which content is accessible.”
While the cited prior arts disclose some of the claimed features as explained above, however, the cited prior arts fail to disclose or suggest each and every limitation together as Claimed. Furthermore, the Examiner cannot determine a reasonable motivation, either from the cited prior art or the existing case law, to combine the known references to render the claimed invention.
The dependent claims further add limitations to the allowable subject matter of the corresponding independent claims; thus are also allowable.
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action. For example: Ouyang et al. (US 2016/0234268) – system and method for managing content in a virtual meeting.
It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275,277 (CCPA 1968)).
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tam T. Tran whose telephone number is (571) 270-5029. The examiner can normally be reached M-F: 7:30 AM - 5:00 PM.
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, Tamara Kyle can be reached on 571-272-4241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAM T TRAN/Primary Examiner, Art Unit 2174