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 .
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive. The claim amendments would not overcome the obvious double patenting rejection. Examiner suggested filing a terminal disclaimer to overcome the double patenting issue to place the application in condition for allowance during a telephone conversation with Mr. Carl Pellegrini on 9/24/2026. Applicant’s representative indicated that he would check his client. However, no terminal disclaimer has been filed.
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 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 12087269 in view of Iwase et al. (USPG 2019/0164534, hereinafter Iwase).
Since the patent and Iwase are analogous in the art because they are from the same field of endeavor, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the known technique of synthesizing speech with background sound to localize a sound image. One of ordinary skill in the art would have recognized that the results of the combination were predictable since the use of that known technique provides the rationale to arrive at a conclusion of obviousness. See KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (U.S. 2007).
Claims of the patent Claims of the application
1. A speech processing device comprising: at least one memory configured to store instructions; and at least one processor configured to execute the instructions to: identify a call partner; select a background sound relevant to the identified call partner; and synthesize the selected background sound with a call speech signal, wherein the at least one processor is configured to execute the instructions to: obtain an echo signal characteristic of a shape of an ear hole of the call partner from a hearable device worn by the call partner and identify the call partner based on the obtained echo signal.
The patent does not teach this limitation. However, Iwase (USPG 2019/0164534) teaches this limitation as discussed in paragraphs 107-112 (also see process in figure 4).
2. The speech processing device according to claim 1, wherein the at least one processor is configured to execute the instructions to: receiving group designation information for designating a group to which a listener to be allowed to listen to a call belongs, and silences an output of an output control means configured to output a speech signal based on the received group designation information.
3. The speech processing device according to claim 1, wherein: the at least one processor is further configured to execute the instructions to: determine a group to which the identified call partner belongs, wherein select the background sound according to a determination result of the group to which the call partner belongs.
4. The speech processing device according to claim 1, wherein the at least one processor is configured to execute the instructions to: define a virtual position of localizing a sound image of the call speech signal according to the identified call partner.
5. The speech processing device according to claim 1, wherein the background sound is any of a back ground music (BGM), an ambient sound, and a sound effect.
6. The speech processing device according to claim 1, wherein the call partner identification means identifies the call partner based on sensing information acquired from a body of the call partner.
7. A speech processing method comprising: identifying a call partner; selecting a background sound relevant to the identified call partner; and synthesizing the selected background sound with a call speech signal, wherein the speech processing method comprises: obtaining an echo signal characteristic of a shape of an ear hole of the call partner from a hearable device worn by the call partner and identifying the call partner based on the obtained echo signal.
The patent does not teach this limitation. However, Iwase (USPG 2019/0164534) teaches this limitation as discussed in paragraphs 107-112 (also see process in figure 4).
8. A non-transitory computer-readable recording medium storing a program for causing a computer to execute: identifying a call partner; selecting a background sound relevant to the identified call partner; and synthesizing the selected background sound with a call speech signal, wherein the program causes the computer to execute: obtaining an echo signal characteristic of a shape of an ear hole of the call partner from a hearable device worn by the call partner and identifying the call partner based on the obtained echo signal.
The patent does not teach this limitation. However, Iwase (USPG 2019/0164534) teaches this limitation as discussed in paragraphs 107-112 (also see process in figure 4).
1.A speech processing device comprising: at least one memory configured to store instructions; and at least one processor configured to execute the instructions to: obtain an echo signal characteristic of a shape of an ear hole of a call partner from a hearable device worn by the call partner; identify the call partner based on the obtained echo signal; select a background sound relevant to the identified call partner; synthesize the selected background sound with a call speech signal; and
adjust volume and presence of the call speech signal synthesized with the background sound to localize a sound image of the call speech signal so that the call speech signal of the call partner is heard by a listener from a virtual position pre-set for the call partner.
2. The speech processing device according to claim 1, wherein the at least one processor is configured to execute the instructions to: receiving group designation information for designating a group to which a listener to be allowed to listen to a call belongs, and silences an output of an output control means configured to output a speech signal based on the received group designation information.
3. The speech processing device according to claim 1, wherein: the at least one processor is further configured to execute the instructions to: determine a group to which the identified call partner belongs, wherein select the background sound according to a determination result of the group to which the call partner belongs.
4. The speech processing device according to claim 1, wherein the at least one processor is configured to execute the instructions to: define a virtual position of localizing a sound image of the call speech signal according to the identified call partner.
5. The speech processing device according to claim 1, wherein the background sound is any of a back ground music (BGM), an ambient sound, and a sound effect.
6. The speech processing device according to claim 1, wherein the call partner identification means identifies the call partner based on sensing information acquired from a body of the call partner.
7. A speech processing method comprising: obtaining an echo signal characteristic of a shape of an ear hole of a call partner from a hearable device worn by the call partner; identifying the call partner based on the obtained echo signal; selecting a background sound relevant to the identified call partner; and synthesizing the selected background sound with a call speech signal.
adjust volume and presence of the call speech signal synthesized with the background sound to localize a sound image of the call speech signal so that the call speech signal of the call partner is heard by a listener from a virtual position pre-set for the call partner.
8. A non-transitory computer-readable recording medium storing a program for causing a computer to execute: obtaining an echo signal characteristic of a shape of an ear hole of a call partner from a hearable device worn by the call partner; identifying the call partner based on the obtained echo signal; selecting a background sound relevant to the identified call partner; and synthesizing the selected background sound with a call speech signal.
adjust volume and presence of the call speech signal synthesized with the background sound to localize a sound image of the call speech signal so that the call speech signal of the call partner is heard by a listener from a virtual position pre-set for the call partner.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dusan (USPN 10896682, hereinafter Dusan) teaches a method of identifying a user using characteristics of ear canal of the speaker. Malamud et al. (USPG 2015/0163342, hereinafter Malamud) teach identifying a user and adding background music to the speech signal. Coughlan et al. (USPG 2009/0061819, hereinafter Coughlan) teach a method of identifying a speaker using ear canal signal characteristics. Alexandrov et al. (USPG 2010/0124321, hereinafter Alexandrov) teach a grouping users to allow listening to a program. These references are considered pertinent to the claimed invention.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUYEN X VO whose telephone number is (571)272-7631. The examiner can normally be reached M-F, 8-4.
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, Bhavesh Mehta can be reached at 571-272-7453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUYEN X VO/Primary Examiner, Art Unit 2656
