DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
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Claim 1 of 18/790,116
An acoustic voice activity detection system comprising: a first virtual microphone configured to produce a first virtual microphone output from a first combination of a first signal and a second signal, wherein the first signal is received from a first physical microphone and the second signal is received from a second physical microphone; a second virtual microphone configured to produce a second virtual microphone output from a second combination of the first signal and the second signal; and a filter configured to detect voiced speech, and background acoustic noise using the first virtual microphone output and the second virtual microphone output without use of a non-acoustic speech detector.
Claim 11 of 18/790,116
An acoustic voice activity detection method comprising: producing a first virtual microphone output of a first virtual microphone from a first combination of a first signal and a second signal, wherein the first signal is received from a first physical microphone and the second signal is received from a second physical microphone; producing a second virtual microphone output of a second virtual microphone from a second combination of the first signal and the second signal; and filtering the first virtual microphone output and the second virtual microphone output to detect voiced speech, unvoiced speech, and background acoustic noise using without use of a non-acoustic speech detector.
Claim 1 of 12063487
An acoustic voice activity detection system comprising: a first virtual microphone comprising a first combination of a first signal and a second signal, wherein the first signal is received from a first physical microphone and the second signal is received from a second physical microphone; a second virtual microphone comprising a second combination of the first signal and the second signal, the first and second virtual microphones having substantially identical responses to noise; and an adaptive filter configured to reduce speech response of the second virtual microphone relative to the first virtual microphone, wherein a magnitude of the adaptive filter is limited to predetermined expected speech values to preclude the adaptive filter from accidental training on noise when noise is present during training of the adaptive filter; and wherein acoustic voice activity of a speaker is determined to be present when an energy ratio (R) of energies of the first virtual microphone and the second virtual microphone is greater than a threshold value.
Claims 1 & 11 of application number 18/790,116 (hereinafter referred to as ‘116) are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12063487 (hereinafter referred to as ‘487).
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘116 claims 1 & 11 are broader recitations of ‘487 claim 1. Therefore, ‘487 claim 1 is encompassed by the recitations of ‘116 claims 1 & 11.
Claim 1 of 18/790,116
An acoustic voice activity detection system comprising: a first virtual microphone configured to produce a first virtual microphone output from a first combination of a first signal and a second signal, wherein the first signal is received from a first physical microphone and the second signal is received from a second physical microphone; a second virtual microphone configured to produce a second virtual microphone output from a second combination of the first signal and the second signal; and a filter configured to detect voiced speech, and background acoustic noise using the first virtual microphone output and the second virtual microphone output without use of a non-acoustic speech detector.
Claim 11 of 18/790,116
An acoustic voice activity detection method comprising: producing a first virtual microphone output of a first virtual microphone from a first combination of a first signal and a second signal, wherein the first signal is received from a first physical microphone and the second signal is received from a second physical microphone; producing a second virtual microphone output of a second virtual microphone from a second combination of the first signal and the second signal; and filtering the first virtual microphone output and the second virtual microphone output to detect voiced speech, unvoiced speech, and background acoustic noise using without use of a non-acoustic speech detector.
Claim 1 of 8321213
An acoustic voice activity detection system comprising: a first virtual microphone comprising a first combination of a first signal and a second signal, wherein the first signal is received from a first physical microphone and the second signal is received from a second physical microphone; a filter, wherein the filter is formed by generating a first quantity by applying a calibration to at least one of the first signal and the second signal, generating a second quantity by applying a delay to the first signal, and forming the filter as a ratio of the first quantity to the second quantity; and a second virtual microphone formed by applying the filter to the first signal to generate a first intermediate signal and summing the first intermediate signal and the second signal, wherein acoustic voice activity of a speaker is determined to be present when an energy ratio of energies of the first virtual microphone and the second virtual microphone is greater than a threshold value.
Claim 14 of 8321213
A device comprising: a first physical microphone generating a first signal; a second physical microphone generating a second signal; and a processing component coupled to the first physical microphone and the second physical microphone, the processing component forming a first virtual microphone, the processing component forming a filter that describes a relationship for speech between the first physical microphone and the second physical microphone, the processing component forming a second virtual microphone by applying the filter to the first signal to generate a first intermediate signal, and summing the first intermediate signal and the second signal, the processing component detecting acoustic voice activity of a speaker when an energy ratio of energies of the first virtual microphone and the second virtual microphone is greater than a threshold value.
Claim 42 of 8321213
A device comprising: a headset including at least one loudspeaker, wherein the headset attaches to a region of a human head; a microphone array connected to the headset, the microphone array including a first physical microphone outputting a first signal and a second physical microphone outputting a second signal; and a processing component coupled to the first physical microphone and the second physical microphone, the processing component forming a first virtual microphone, the processing component forming a filter that describes a relationship for speech between the first physical microphone and the second physical microphone, the processing component forming a second virtual microphone by applying the filter to the first signal to generate a first intermediate signal, and summing the first intermediate signal and the second signal, the processing component detecting acoustic voice activity of a speaker when an energy ratio of energies of the first virtual microphone and the second virtual microphone is greater than a threshold value.
Claims 1 & 11 of application number 18/790,116 (hereinafter referred to as ‘116) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 14, 42 of U.S. Patent No. 8321213 (hereinafter referred to as ‘213).
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘116 claims 1 & 11 are broader recitations of ‘213 claims 1, 14, 42. Therefore, ‘213 claims 1, 14 & 42 are encompassed by the recitations of ‘116 claims 1 & 11.
Claims 1-20 would be allowed once double patenting rejection is overcome.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE C MONIKANG whose telephone number is (571)270-1190. The examiner can normally be reached Mon. - Fri., 9AM-5PM, ALT. Fridays off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn R Edwards can be reached at 571-270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEORGE C MONIKANG/Primary Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
2/20/2026