DETAILED ACTION
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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Wagenlander
Claim 1 is rejected under 35 U.S.C. 102(a)(1)/(1)(2) as being anticipated by Wagenlander(USPubN 2009/0129753).
As per claim 1, Wagenlander teaches recording system comprising: a first recording device coupled to a first video camera configured to store multitrack audio signals; a first microphone; a second microphone; and a control console operable to receive and process a first multitrack audio signal and a second multitrack audio signal(“The arrangement 10 may include at least one time code generator 12 to generate a time code signal 14 for at least one digital video recorder, or digital audio/video deck 56 (illustrated as, and hereinafter, "A/V Deck" 56). … the arrangement 10 includes one microphone 18a, 18b to record the vocal performances of each performer 20a, 20b, respectively, and a video camera 86 to record the video performance of the arrangement 10 as a whole. The arrangement 10 may further include at least one audio amplifier 24a, 24b for each performer 20a, 20b to amplify an instrument 26a, 26b of the performer 20a, 20b, respectively. As illustrated, each performer 20a, 20b is playing a powered instrument 26a, 26b, which in specific embodiments may be guitars. When the instrument is not a powered instrument 26a, 26b, the arrangement 10 may be configured with an additional microphones (not shown) for the performer's 20a, 20b non-powered instrument, and/or the microphone 18a, 18b for the respective performer 20a, 20b may be configured to record the sound from that non-powered instrument” in Para.[0031], “the time code generator 12 is configured to supply a time code signal as at 28 to the video camera 86 and provide the time code signal 14 to the A/V deck 16. The A/V deck 16, in turn, may be configured to record the video and audio components of at least two separate individual performances of the respective performers 20a, 20b during a multi-component performance” in Para.[0032], “FIG. 3, to record the multi-component performance, the time code is started (block 42) and the multi-component performance of a plurality of performers is associated with the time code and recorded with at least one video camera (block 44). In some embodiments, the multi-component performance may be recorded on at least on A/V deck, and in specific embodiments a plurality of A/V decks are configured to record at least one audio component of at least one individual performer as well as the video component of the multi-component performance. In further specific embodiments, each A/V deck is configured to record the audio component of two individual performers from among a plurality of performers as well as the video component of the multi-component performance” in Para.[0038])
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 10,819,945. Although the conflicting claims at issue are not identical, they are not patentably distinct from each other. See the reasons sets forth below:
Instance Application No. 18/810,448
U.S. Patent No. 10,819,945
1. A recording system comprising: a first recording device coupled to a first video camera configured to store multitrack audio signals; a first microphone; a second microphone; and a control console operable to receive and process a first multitrack audio signal and a second multitrack audio signal.
1. A recording system, comprising: a first recording device; a first video camera; a first microphone; a second microphone; a third microphone; and a control console, wherein the first recording device is configured to store audio signals in a two-channel stereo configuration and records from the first microphone on both of the two channels, records from the second microphone on a first of the two-channels, and records from the third microphone on a second of the two-channels.
2. The recording system of claim 1, further comprising a second video camera, wherein the control console is configured to receive at least one input from a user to control a combination of signals to be recorded originating from the first video camera, the second video camera, the first microphone, the second microphone, the third microphone, or a combination thereof.
3. The recording system of claim 1, further comprising a second video camera, wherein a first input of the control console is configured to select a video recording input to include image data from both the first video camera and the second video camera or to include image data from only the first video camera.
4. The recording system of claim 3, wherein the video recording input of both the image data from the first video camera and the second video camera is a picture in picture image.
5. The recording system of claim 3, wherein a second input of the control console is configured to select an audio recording input to include audio data to be recorded originating from the first microphone, the second microphone, the third microphone, or a combination thereof.
6. The recording system of claim 1, further comprising an output conduit having a multiple cables for connection to a reporter console.
7. The recording system of claim 6, wherein the multiple cables includes a first cable terminating in a headphone jack for providing undelayed audio for headphone monitoring, a second cable for providing a live digital audio feed, and a third cable configured to couple to a microphone input jack.
8. The recording system of claim 7, further comprising an audio mixer comprising voice limiter, audio distribution amplifier, line level correction.
9. The recording system of claim 1, further comprising a stereo audio delay unit configured to synchronize a live audio feed with a delayed video feed recorded to the first recording device.
10. The recording system of claim 1, further comprising a universal control button for simultaneously starting, stopping, and pausing the first video camera, the second video camera, and the first recording device for recording from and combination of the first microphone, the second microphone, and the third microphone.
11. A method of recording an exchange between three individuals, comprising: providing a recording system having a first recording device, a first video camera, a first microphone, a second microphone, a third microphone, and a control console; recording on a two-channel stereo signal from the first microphone, the second microphone, and the third microphone, wherein an audio signal from the first microphone is recorded on both of the two-channels, an audio signal from the second microphone is recorded on a first of the two-channels, and an audio signal from the third microphone is recorded on a second of the two-channels.
12. A recording system, comprising: a first recording device; a first video camera; a second video camera; a first microphone; a second microphone; a third microphone; and a control console, wherein the system is configured to record two separate stereo audio signals from the first microphone, the second microphone, and the third microphone where a first stereo audio signal is configured to be recorded on both audio channels from the first microphone, and a second stereo audio signal is configured to be recorded from a monaural channel from the second microphone and a monaural channel from the third microphone.
13. A recording system, comprising: a first recording device; a first video camera; a second video camera; a first microphone; a second microphone; a third microphone; and a control console, wherein the system is configured to selectively record one or two audio signals from a combination of the first microphone, the second microphone, or the third microphone, and the selection is possible between two audio signals recorded monaural, two audio signals recorded stereo, one audio signal recorded monaural and a second audio signal recorded stereo.
14. A method of recording an exchange between three individuals, comprising: providing a recording system having a first recording device, a first video camera, a second video camera, a first microphone, a second microphone, a third microphone, and a control console; recording two separate stereo audio signals from the first microphone, the second microphone, and the third microphone, where a first stereo audio signal is configured to be recorded on both audio channels from the first microphone, and a second stereo audio signal is configured to be recorded from a monaural channel from the second microphone and a monaural channel from the third microphone.
15. A method of recording an exchange between three individuals, comprising: providing a recording system having a first recording device, a first video camera, a second video camera, a first microphone, a second microphone, a third microphone, and a control console; recording two separate stereo audio signals from the first microphone, the second microphone, and the third microphone; and receiving an input from a recording user to identify an audio recording method having one or two audio signals from a combination of the first microphone, the second microphone, or the third microphone, and the selection is possible between two audio signals recorded monaural, two audio signals recorded stereo, one audio signal recorded monaural and a second audio signal recorded stereo, and recording the one or two audio signals according to the input.
16. The method of claim 15, further comprising receiving a second input from the recording user to identify a second audio recording method having one or two audio signals from a combination of the first microphone, the second microphone, or the third microphone, and the selection is possible between two audio signals recorded monaural, two audio signals recorded stereo, one audio signal recorded monaural and a second audio signal recorded stereo, and changing the recording method based on the input to the second input.
Claim 1 is anticipated by U.S. Patent No. 10,819,945 claims 1-16 as show in the table above.
Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 11,463,650. Although the conflicting claims at issue are not identical, they are not patentably distinct from each other. See the reasons sets forth below:
Instance Application No. 18/810,448
U.S. Patent No. 11,463,650
1. A recording system comprising: a first recording device coupled to a first video camera configured to store multitrack audio signals; a first microphone; a second microphone; and a control console operable to receive and process a first multitrack audio signal and a second multitrack audio signal.
1. A recording system, comprising: a first display; a second display; a first recording device; a first video camera; a second video camera; a first microphone; a second microphone; a third microphone; and a control console.
2. The recording system of claim 1, wherein the system is configured to record two separate stereo audio signals from the first microphone, the second microphone, and the third microphone.
3. The recording system of claim 2, where a first stereo audio signal is configured to be recorded on both audio channels from the first microphone, and a second stereo audio signal is configured to be recorded from a monaural channel from the second microphone and a monaural channel from the third microphone.
4. The recording system of claim 1, wherein the system is configured to selectively record one or two audio signals from a combination of the first microphone, the second microphone, or the third microphone, and the selection is possible between two audio signals recorded monaural, two audio signals recorded stereo, one audio signal recorded monaural and a second audio signal recorded stereo.
5. The recording system of claim 1, wherein the control console is configured to receive at least one input from a user to control a combination of signals to be recorded originating from the first video camera, the second video camera, the first microphone, the second microphone, the third microphone, or a combination thereof.
6. The recording system of claim 1, wherein a first input of the control console is configured to select a video recording input to include image data from both the first video camera and the second video camera or to include image data from only the first video camera.
7. The recording system of claim 6, wherein the video recording input of both the image data from the first video camera and the second video camera is a picture in picture image.
8. The recording system of claim 6, wherein a second input of the control console is configured to select an audio recording input to include audio data to be recorded originating from the first microphone, the second microphone, the third microphone, or a combination thereof.
9. The recording system of claim 1, further comprising an output conduit having a multiple cables for connection to a reporter console.
10. The recording system of claim 9, wherein the multiple cables includes a first cable terminating in a headphone jack for providing undelayed audio for headphone monitoring, a second cable for providing a live digital audio feed, and a third cable configured to couple to a microphone input jack.
11. The recording system of claim 10, further comprising an audio mixer comprising voice limiter, audio distribution amplifier, line level correction.
12. The recording system of claim 1, further comprising a stereo audio delay unit configured to synchronize a live audio feed with a delayed video feed recorded to the first recording device.
13. The recording system of claim 1, further comprising a universal control button for starting, stopping, and pausing the first video camera, the second video camera, the first microphone, the second microphone, and the third microphone simultaneously.
14. A method of recording an exchange between three individuals, comprising: providing a recording system having a first display, a second display, a first recording device, a first video camera, a second video camera, a first microphone, a second microphone, a third microphone, and a control console; recording two separate stereo audio signals from the first microphone, the second microphone, and the third microphone.
15. The method of claim 14, where a first stereo audio signal is configured to be recorded on both audio channels from the first microphone, and a second stereo audio signal is configured to be recorded from a monaural channel from the second microphone and a monaural channel from the third microphone.
16. The method of claim 14, further comprising receiving an input from a recording user to identify an audio recording method having one or two audio signals from a combination of the first microphone, the second microphone, or the third microphone, and the selection is possible between two audio signals recorded monaural, two audio signals recorded stereo, one audio signal recorded monaural and a second audio signal recorded stereo, and recording the one or two audio signals according to the input.
17. The method of claim 16, further comprising receiving a second input from the recording user to identify a second audio recording method having one or two audio signals from a combination of the first microphone, the second microphone, or the third microphone, and the selection is possible between two audio signals recorded monaural, two audio signals recorded stereo, one audio signal recorded monaural and a second audio signal recorded stereo, and changing the recording method based on the input to the second input.
Claim 1 is anticipated by U.S. Patent No. 11,463,650 claims 1-17 as show in the table above.
Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,069,402. Although the conflicting claims at issue are not identical, they are not patentably distinct from each other. See the reasons sets forth below:
Instance Application No. 18/810,448
U.S. Patent No. 12,069,402
1. A recording system comprising: a first recording device coupled to a first video camera configured to store multitrack audio signals; a first microphone; a second microphone; and a control console operable to receive and process a first multitrack audio signal and a second multitrack audio signal.
1. A video output comprising: an video input obtained from a recording system comprising a first recording device, a first video camera, a first microphone, a second microphone, a third microphone, and a control console, wherein the first recording device is configured to store audio signals in a two-channel stereo configuration and records from the first microphone on both of the two channels, records from the second microphone on a first of the two-channels, and records from the third microphone on a second of the two-channels; an audio input comprising two separate stereo audio signals from the first microphone, the second microphone, and the third microphone, where a first stereo audio signal is configured to be recorded on both audio channels from the first microphone, and a second stereo audio signal is configured to be recorded from a monaural channel from the second microphone and a monaural channel from the third microphone; and a video output comprising a first output component comprising a display of evidence and a second output component comprising a video of a target, wherein the video output positions the display of the target and the display of the evidence on a single video screen and further wherein the video output positions video of the target adjacent the display of the evidence.
2. The recording system of claim 1 further comprising a stereo audio delay unit configured to synchronize a live audio feed with a delayed video feed recorded to the first recording device.
3. The recording system of claim 1 further comprising a universal control button for simultaneously starting, stopping, and pausing the first video camera, the second video camera, and the first recording device for recording from and combination of the first microphone, the second microphone, and the third microphone.
4. The recording system of claim 1, further comprising an output conduit having a multiple cables for connection to a reporter console.
5. The video output of claim 1 further comprising a second video camera, wherein the control console is configured to receive at least one input from a user to control a combination of signals to be recorded originating from the first video camera, the second video camera, the first microphone, the second microphone, the third microphone, or a combination thereof.
6. The video output of claim 1 further comprising an evidence display wherein the evidence display is configured to display a selected image.
7. The video output of claim 1 further comprising a second video camera, wherein a first input of the control console is configured to select a video recording input to include image data from both the first video camera and the second video camera or to include image data from only the first video camera.
8. The video output of claim 7 wherein the video recording input of both the image data from the first video camera and the second video camera is a picture in picture image.
9. The recording system of claim 7 wherein a second input of the control console is configured to select an audio recording input to include audio data to be recorded originating from the first microphone, the second microphone, the third microphone, or a combination thereof.
10. The recording system of claim 9 wherein the multiple cables includes a first cable terminating in a headphone jack for providing undelayed audio for headphone monitoring, a second cable for providing a live digital audio feed, and a third cable configured to couple to a microphone input jack.
11. The recording system of claim 10 further comprising an audio mixer comprising voice limiter, audio distribution amplifier, line level correction.
12. The method of claim 11 further comprising an evidence display wherein the evidence display is configured to display a selected image or a blank image.
13. The method of claim 11 wherein the step of displaying a video output positions an eye gaze of a target on the video of the target facing the display of the evidence.
14. A method of displaying an exchange between three individuals, comprising: providing a recording system having a first recording device, a first video camera, a first microphone, a second microphone, a third microphone, and a control console; recording on a two-channel stereo signal from the first microphone, the second microphone, and the third microphone, wherein an audio signal from the first microphone is recorded on both of the two-channels, an audio signal from the second microphone is recorded on a first of the two-channels, and an audio signal from the third microphone is recorded on a second of the two-channels; and displaying a video output comprising a first output component comprising a display of evidence and a second output component comprising a video of a target, wherein the video output positions the display of the target and the display of the evidence on a single video screen and further wherein the video output positions video of the target adjacent the display of the evidence.
Claim 1 is anticipated by U.S. Patent No. 12,069,402 claims 1-14 as show in the table above.
Conclusion
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/SUNGHYOUN PARK/Examiner, Art Unit 2484