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 . Claims 21-40 are pending.
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(s) 21, 29 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 14, 17, 21-23 of U.S. Patent No. 11477587 (US Application No. 16961536). Although the claims at issue are not identical, they are not patentably distinct from each other because the method and system limitations of the claims in the present application are covered by the scope of a method or a method capable of creating a system as claimed in the patent with obvious wording variations as shown in the table below, for example:
18792765
16961536
21. (New) A method, comprising: obtaining, via a plurality of input devices, input audio signals in a sound environment that includes a voice of a user of a device and an external voice; distinguishing the voice of the user from the external voice in a plurality of time segments of the input audio signals; and executing a machine learning process to update operation of an own voice detector based on analysis of the input audio signals at the plurality of time segments.
14. (Previously Presented) A method, comprising: receiving input audio signals at a device, wherein the input audio signals include speech of a recipient of the device; calculating, on the device, time-varying features from the input audio signals; analyzing a plurality of the time-varying features with an own voice detection decision tree on the device; receiving label data associated the input audio signals, wherein the label data indicates which time segments of the input audio signals include the voice of the recipient; analyzing the plurality of the time-varying features and the label data to generate updated weights for the own voice detection decision tree; and updating the own voice detection decision tree with the updated weights.
17. (Previously Presented) The method of claim 14, wherein analyzing the plurality of the time- varying features and the label data to generate updated weights for the own voice detection decision tree comprises: executing a machine learning process to generate the updated weights for the own voice detection decision tree based on the plurality of the time-varying features and the label data.
21. (Previously Presented) The method of claim 14, wherein receiving label data associated the input audio signals comprises: receiving a user input indicating which time segments of the input audio signals received at the device include the voice of the recipient.
22. (Previously Presented) The method of claim 21, wherein receiving a user input comprises: receiving an input from the recipient of the device.
23. (Previously Presented) The method of claim 21, wherein receiving a user input comprises: receiving an input from an individual other than the recipient of the device.
Allowable Subject Matter
Claim(s) 22-28, 30-35 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim(s) 36-40 is/are allowed.
Conclusion
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July 25, 2026
/PHYLESHA DABNEY/Patent Examiner, Art Unit 2694
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