CTNF 18/785,241 CTNF 80127 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-30 AIA A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co. , 151 U.S. 186 (1894); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert , 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. Claims 1-8 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-8 of prior U.S. Patent No. 12087269. This is a statutory double patenting rejection. Specifically, independent claims 1 and 7-8 of the application is coextensive in scope with the corresponding independent claims 1 and 7-8 of the patent. Although the independent claims of the patent include a secondary reference to the at least one processor executing instructions, it is the same processor performing the same functional steps. Because the claims steps are identical in substance and verbiage, any act of infringing the application claims would necessarily and literally infringe the patent claims. All the dependent claims also are identical in substance and verbiage. Under 35 U.S.C. 101, an inventor is entitled to only a single patent for a single invention. 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. 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. 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. 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; and synthesize the selected background sound with a call speech signal. 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. 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. Conclusion 07-96 AIA 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 . 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HUYEN X VO/Primary Examiner, Art Unit 2656 Application/Control Number: 18/785,241 Page 2 Art Unit: 2656 Application/Control Number: 18/785,241 Page 3 Art Unit: 2656 Application/Control Number: 18/785,241 Page 4 Art Unit: 2656 Application/Control Number: 18/785,241 Page 5 Art Unit: 2656 Application/Control Number: 18/785,241 Page 6 Art Unit: 2656 Application/Control Number: 18/785,241 Page 7 Art Unit: 2656 Application/Control Number: 18/785,241 Page 8 Art Unit: 2656 Application/Control Number: 18/785,241 Page 9 Art Unit: 2656 Application/Control Number: 18/785,241 Page 10 Art Unit: 2656 Application/Control Number: 18/785,241 Page 11 Art Unit: 2656 Application/Control Number: 18/785,241 Page 12 Art Unit: 2656
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