Notice of Pre-AIA or AIA Status
1. 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
2. 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.2d438, 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
3. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12062383. Although the claims at issue are not identical, they are not patentably distinct from each other because simply removing inherent and/or unnecessary limitations/step would be within the level of one of ordinary skill in the art. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 375
(Bd. App. 1969). Omission of a reference element or step whose function is not needed would be obvious to one of ordinary skill in the art.
Instant Application
U.S. Patent No. 12062383
1. A first network microphone device ("NMD") comprising:
1. A first network microphone device ("NMD") comprising:
a first microphone;
a first microphone;
one or more processors;
one or more processors;
a network interface;
a network interface;
a multi-microphone noise suppression filter;
a multi-microphone noise suppression filter;
and tangible, non-transitory, computer-readable media storing instructions executable by the one or more processors to cause the first NMD to perform operations comprising:
and tangible, non-transitory, computer-readable media storing instructions executable by the one or more processors to cause the first NMD to perform operations comprising:
receiving an instruction to process one or more audio signals captured by a second NMD comprising a second microphone, wherein the first and second NMDs are separate devices that are positioned at different physical locations within an environment;
capturing a first audio signal via at least the first microphone, wherein the first audio signal comprises first noise content from a noise source;
after receiving the instruction, capturing a first audio signal via at least the first microphone, wherein the first audio signal comprises first noise content from a noise source,
receiving over the network interface a second audio signal captured via at least a second microphone of a second NMD positioned at a different physical location than the first NMD, wherein the second audio signal comprises second noise content from the noise source;
and receiving over the network interface a second audio signal captured via at least the second microphone of the second NMD, wherein the second audio signal comprises second noise content from the noise source;
processing, via the multi-microphone noise suppression filter, at least the first audio signal and the second audio signal to produce a noise-reduced output signal;
processing, via the multi-microphone noise suppression filter, at least the first audio signal and the second audio signal to produce a noise-reduced output signal;
and processing speech content in the noise-reduced output signal.
and identifying a voice utterance based on the noise-reduced output signal.
Allowable Subject Matter
4. Claims 1-20 are rejected for nonstatutory double patenting, but would be allowable if the rejection is overcome.
The following is an examiner’s statement of reasons for allowance: independent claim 1 contains the limitations “receiving over the network interface a second audio signal captured via at least a second microphone of a second NMD positioned at a different physical location than the first NMD, wherein the second audio signal comprises second noise content from the noise source; processing, via the multi-microphone noise suppression filter, at least the first audio signal and the second audio signal to produce a noise-reduced output signal; and processing speech content in the noise-reduced output signal”. At the time of the effective filing date of the application, these limitations had not been fully anticipated and it would not have been obvious to one of ordinary skill in the art to combine elements of the prior art to meet this limitation. Independent claims 9 and 17 would be allowed for the same reasons as claim 1. The dependent claims would be allowed for the reasons concerning the independent claims.
The closest prior art, Paquier (U.S. Patent No. 9756422) either singularly or in combination fail to anticipate or render obvious the above described limitations. Paquier teaches noise estimation in a mobile device using an external acoustic microphone signal.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Aljishi (U.S. Publication No. 20250362421) teaches latent domain seismic fault detection. Coletta (U.S. Publication No. 20250181593) teaches the method and system for multi-model time-series retrieval through latent space projections.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ETHAN DANIEL KIM whose telephone number is (571) 272-1405. The examiner can normally be reached on Monday - Friday 9:00 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Richemond Dorvil can be reached on (571) 272-7602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ETHAN DANIEL KIM/
Examiner, Art Unit 2658
/OLUJIMI A ADESANYA/Primary Examiner, Art Unit 2658
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