DETAILED ACTION
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 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over:
claims 1-36 of U.S. Patent No. 12,166,920;
claims 1-20 of U.S. Patent No. 11,588,936; and
claims 1-19 of U.S. Patent No. 10,051,120.
Although the claims at issue are not identical, they are not patentably distinct
from each other because the claims of the present application are broader in scope than
the claims of the patent and/or recited in different words (In re KARLSON (CCPA) 136
USPQ 184 (1963)).
Allowable Subject Matter
Claims 1-21 are allowed over the prior art of record.
The following is a statement of reasons for the indication of allowable subject matter:
The most related references are Fleizach et al. (US 2013/0329924) and Apodaca (US 9,654,073).
Fleizach et al. teaches a system and methods for providing remote controlling a hearing device. The hearing device configured to communicate with a control device transmits status data, including settings, to the control device. The control device displays the status data in an interface configured to receive input specifying new settings, upon which a command is sent to the hearing device to change the current settings based on a determined current environment.
Apodaca teaches a system and methods of controlling playback volume or volume levels of a group of one or more playback zones (i.e., a living room, kitchen, bedroom, etc. in a house) in a network media system via a user interface provided on a touch screen display. For example, touch inputs may be provided to the user interface via the touch screen to move a volume indicator along a graphical representation of a volume scale on the user interface to adjust a particular playback volume level of a playback zone or the group of the one or more playback zones. Apodaca teaches an audio adjustment interface on a display for adjust particular playback volume level of one or more playback zones in the house.
Both above references failed to clearly teach to provide an audio adjustment interface on a display of the communication device and the functions associated with the audio adjustment interface, as recited in each of independent claims 1, 14 and 21.
Other refences, as shown in the “Notice Of References Cited”, USPTO Form 892, which teach the related features of independent claims 1, 14 and 21. However, the other references have their filing dates or priority dates falling behind the priority date of the instant application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BINH TIEU whose telephone number is (571)272-7510. The examiner can normally be reached on 9-5. The Examiner’s fax number is (571) 273-7510 and E-mail address: BINH.TIEU@USPTO.GOV.
Examiner interviews are available via telephone or 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, FAN S. TSANG can be reached on (571) 272-7547.
Any response to this action should be mailed or handed carry deliveries to:
Commissioner of Patents and Trademarks
401 Dulany Street
Alexandria, VA 22314
Or faxed to: (571) 273-8300
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (FAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the FAIR system, see fitp://nair-direct.usoto.aqev. If you have any questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/Binh Kien Tieu/Primary Examiner, Art Unit 2694
Date: February 2026