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.
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Claims 1-20 rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. [12088953 ]Although the claims at issue are not identical, they are not patentably distinct from each other because: Both claims 1 in the instant application and patent teaches (a method to transcribe videos, the method comprising: participating, by a transcription system, in a communication session with a media system separate from the transcription system; obtaining, at the transcription system from the media system as part of the communication session, video that includes video data and audio data, the video provided to the transcription system from the media system and to a plurality of communication devices separate from the media system and the transcriptions system, the video obtained by the plurality of communication devices not passing through the transcription system; generating, by the transcription system, text data based on the audio data; and after generating the text data, directing, from the transcription system, the text data to the plurality of communication devices for presentation of the text data by the plurality of communication devices concurrently with presentation of the video by the plurality of communication devices in real-time), the instant application is broader than the patent, the patent teaches first and second communication sessions (participating, by the transcription system, in a plurality of second communication sessions between the transcription system and the plurality of communication devices, the first communication session being separate from the plurality of second communication sessions); however, claims 5 and 6 of the instant application teaches this limitation. Therefore, it would have been obvious to one with ordinary skill in the art to combine claims 5 and 6 with claim 1 and re-wording the claims to obtain the patent.
During search, examiner found the following related arts:
Agarwal (US 9,462230) teaches video transcription system, obtain communication between first and second communication devices, obtain text from the transcription system and display it on a presentation device (Fig. 1, el. 12, 13, 110 and Fig. 5 and 7).
Pan (US 9,843676) teaches video transcription system, obtain communication between first and second communication devices, obtain text from the transcription system and display it on a presentation device (abstract, Fig. 3-4).
Nola (US 9,374536) teaches video transcription system, obtain communication between first and second communication devices, obtain text from the transcription system and display it on a presentation device (abstract, Fig. 2).
Gauci (US 9,443518) teaches video transcription system, obtain communication between first and second communication devices, obtain text from the transcription system and display it on a presentation device (Fig. 1, 3).
Engelke (US 20220103683) teach a transcription system, obtain communication between first and second communication devices, obtain text from the transcription system and display it on a presentation device (Fig. 15-17, 3).
Thelin (US 20150130887) teaches (abstract: A video endpoint includes a control circuit configured to provide a user interface configured to enable a user to communicate with another user of another video endpoint with text during video communications with the other user. The user interface is also configured to enable the user to select from text strings stored in a database. A method of operating the video endpoint includes transmitting data corresponding to a selected one of the text strings stored in the database to the other video endpoint during the video communications responsive to the user selecting the selected one of the text strings. A method of transforming a computing device into a video endpoint includes storing computer-readable instructions directed to performing the functions of the control circuit on one or more servers, and transmitting the computer-readable instructions to the computing device).
Thelin (US 20170034479) teaches (claim 8: video communication system configured to facilitate communication between a first user and a second user through assistance of a call assistant, the communication system comprising: a first video communication device associated with the first user; and a video relay service associated with the call assistant and configured to facilitate a communication session between the first video communication device and a second communication device associated with the second user, the communication session including: a first communication link for transmitting at least video data between the first video communication device and the video relay service; and a second communication link for transmitting at least audio data between the video relay service and the second communication device, wherein the first video communication device is configured to: retrieve text strings during the communication session from a database of pre-stored text strings; display the retrieved text strings during the communication session to an electronic display of the first video communication device; receive an input from the user selecting one of the displayed text strings during the communication session; and transmit the selected text string to the video relay service during the communication session for display by an electronic display of the video relay service)
Engelke (US 20180034961) teaches (abstract: system and method for presenting substantially simultaneous voice and text to an assisted user (AU) during a voice conversation between the AU and a hearing user (HU), the hearing user using an HU device to talk to the assisted user, the system comprising an AU captioned device including a device processor, a relay that includes a relay display, a relay speaker and a relay processor, wherein, at least one of the device processor and the relay processor is programmed to perform the steps of receiving an HU voice signal comprising a sequence of HU voice segments and assigning time stamps to each of the HU voice segments, wherein, the relay processor is programmed to perform the steps of generating text segments corresponding to each HU voice segment, storing each HU voice segment along with a corresponding text segment and a corresponding time stamp in a memory device, broadcasting the HU voice segments to a call assistant (CA) via the relay speaker and presenting each text segment via the relay display substantially contemporaneously with broadcast of the corresponding HU voice segment).
Bettis (US 20070058681) teaches (Paragraph 21: allow a to receive video messaging without the rendering audio by enabling closed captioning using an audio to text conversion during playback. Another aspect of the present invention is to allow a user to optionally switch between modes of operation (i.e., video only, audio only, video with closed captioning, closed captioning only, etc.). Another aspect of the present invention is to enable synchronization of the audio and video content available on the telecommunications platform).
None of the cited arts alone or in reasonable combination teaches (the video provided to the transcription system from the media system and to a plurality of communication devices separate from the media system and the transcriptions system, the video obtained by the plurality of communication devices not passing through the transcription system; the text data to the plurality of communication devices for presentation of the text data by the plurality of communication devices concurrently with presentation of the video by the plurality of communication devices in real-time).
Conclusion
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/MARIA EL-ZOOBI/ Primary Examiner, Art Unit 2692
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