DETAILED ACTION
This action is in response to communications filed 6/3/2026:
Claims 1-5, 7-8, 10-17, 19-20, and 22-24 are pending
Claims 6, 9, 18, and 21 are cancelled
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 .
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.
Claim 1-5, 7-8, 10-17, 19-20, and 22-24 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of copending Application No. 18893330 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other. For example:
Regarding claim 1, 18893330 teaches a method for applying reverberation to at least one audio signal (claim 1, An apparatus for applying reverberation to at least one audio signal), the method comprising:
obtaining the at least one audio signal (claim 1, obtaining the at least one audio signal);
obtaining at least one reverberation parameter (claim 1, obtaining at least three reverberation parameters);
controlling a digital reverberator based on the at least one reverberation parameter (claim 1, controlling a reverberator using the at least three reverberation parameters);
providing at least one control line comprising a delay line and a gain filter, the at least one control line using the at least one reverberation parameter to generate an output from the at least one control line based at least partially on the at least one audio signal (claim 10, controlling the reverberator comprising: a gain stage associated with late reverberation; a first stage delay line and a second stage delay line respectively for providing at least one first echo arrival time and for providing at least one parameter associated with the late reverberation, wherein the reverberator is configured to provide an output using the at least one audio signal based on the gain stage, the first stage delay line and the second stage delay line);
obtaining at least one early reflection echo (claim 7, wherein the reverberant audio signal further comprises at least one first echo); and
generating at least one reverberated audio signal based on at least one output of the digital reverberator and the generated output from the at least one control line, wherein at least a portion of late reverberation in the generated at least one reverberated audio signal interfering with the at least one early reflection echo is substantially attenuated, wherein the portion of the late reverberation comprises, at least in part, a first reflection echo from the digital reverberator (claim 17, caused to perform processing at least a portion of the reverberant audio, the portion of the reverberant audio signal at least partially interferes with a reflection audio signal is further caused to perform at least partially suppressing or otherwise modifying in amplitude a first echo of the at least one reverberant audio signal such that the at least one reverberant signal comprises reverberations which minimally interfere with or otherwise compliment the at least one reflection echoes).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The remaining independent and/or dependent claims are similarly rejected using one or more claims of the reference application (whether alone or in combination).
Response to Arguments
Applicant’s arguments, see remarks, filed 6/1/2026, with respect to claims 1-5, 7-8, 10-17, 19-20, and 22-24 have been fully considered and are persuasive. The rejection of 3/6/2026 has been withdrawn.
Response to Amendment
Allowable Subject Matter
Claims 1-5, 7-8, 10-17, 19-20, and 22-24 are allowable upon overcoming the above rejection(s).
The following is an examiner’s statement of reasons for allowance: regarding claims 1 and 13, the prior art or combination thereof fails to disclose and make obvious the invention as a whole. Applicant’s remarks (pgs. 17-20) were found to be persuasive. Wu in view of Lin fail to explicitly disclose the clarified limitations as current recited in claims 1 and 13.
The respective dependent claims are also allowable as they depend upon an allowable parent claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892, Notice of References Cited for a listing of analogous art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIN ZHU whose telephone number is (571)270-1304. The examiner can normally be reached on Mon-Fri: 7:30AM-5:00PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached on (571)272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QIN ZHU/Primary Examiner, Art Unit 2691
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