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 .
This office action is in response to application 18884956 filed on September 13, 2024.
Claims 1-20 are pending.
Information Disclosure Statement
As required by M.P.E.P. 609(C), the applicant’s submission of the Information Disclosure Statement dated August 5, 2025 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P 609, a copy of the PTOL-1449 initialed and dated by the examiner is attached to the office action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 6, the claim recites “wherein modifying access rights for the computing device associated with the user to receive audio … without including or adding a representation of the user to the list of users of the subset, wherein the listen-only mode does not cause the generation of another graphical element representing the user on a display of the computing devices of the subset of users”; however, it is not clear if the instant specification supports modifying access rights for a listen-only mode without rendering graphical elements representing a user in the listen-only mode. For example, the instant specification states a user selects a listen-only mode and a graphical element representing the user in the listen-only mode is rendered “In response to the input, e.g., the command, indicating a selection of the first discussion 103A from the list 104, as shown in FIGURE 2C, the rendering 102A of the first user 10A, who is associated with the input, is moved to the discussion cluster for the first discussion 103A. As shown, the system moves the rendering 102A representing the user 10A associated with the input to a position that indicates an association between the rendering 102A and the cluster 1 of renderings representing the selected discussion 103A. Thus, the discussion between a subset of users 10L-10O can now be heard in a “listen only” mode by the first user 10A” ([0044]). In particular, Figure 2D depicts of rendering a depiction of a user in a listen-only mode. It is unclear if the claim should be interpreted as written or as specified in the instant specification. As such, the claim is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite. For the purposes of examination the limitation is interpreted as “wherein modifying access rights for the computing device associated with the user to receive audio … causes rendering of the user in the listen-only mode on a display of the computing devices of the subset of users”.
Regarding claim 20, the claim recites “wherein modifying access rights for the computing device associated with the user to receive audio … without including or adding a representation of the user to the list of users of the subset, wherein the listen-only mode does not cause the generation of another graphical element representing the user on a display of the computing devices of the subset of users”; however, it is not clear if the instant specification supports modifying access rights for a listen-only mode without rendering graphical elements representing a user in the listen-only mode. For example, the instant specification states a user selects a listen-only mode and a graphical element representing the user in the listen-only mode is rendered “In response to the input, e.g., the command, indicating a selection of the first discussion 103A from the list 104, as shown in FIGURE 2C, the rendering 102A of the first user 10A, who is associated with the input, is moved to the discussion cluster for the first discussion 103A. As shown, the system moves the rendering 102A representing the user 10A associated with the input to a position that indicates an association between the rendering 102A and the cluster 1 of renderings representing the selected discussion 103A. Thus, the discussion between a subset of users 10L-10O can now be heard in a “listen only” mode by the first user 10A” ([0044]). In particular, Figure 2D depicts of rendering a depiction of a user in a listen-only mode. It is unclear if the claim should be interpreted as written or as specified in the instant specification. As such, the claim is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite. For the purposes of examination the limitation is interpreted as “wherein modifying access rights for the computing device associated with the user to receive audio … causes rendering of the user in the listen-only mode on a display of the computing devices of the subset of users”.
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 §§ 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.
Claims 1, 3-9, and 11-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, 9, 11-16, and 18-20 of U.S. Patent No. 12149570B2 (hereinafter referred to as “the reference patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims under examination are anticipated by claims 1, 3-5, 9, 11-16, and 18-20 of the reference patent .
Regarding claim 1, the reference patent recites:
A method, executed by a computing system, for controlling access to audio and video streams of a communication session, the method comprising (A method, executed by a computing system, for controlling access to audio and video streams of a communication session, the method comprising)(claim 1):
causing a display of a user interface arrangement comprising a plurality of renderings each associated with individual users of the communication session, the user interface arrangement further comprising clusters each representing individual discussions of subgroups of users, wherein a cluster of renderings represents a discussion between a subset of users that are represented by individual renderings positioned in association with the cluster, the user interface arrangement further comprising a graphical element for selecting the discussion (causing a display of a user interface arrangement comprising a plurality of renderings each associated with individual users of the communication session, the user interface arrangement further comprising clusters each representing individual discussions of subgroups of users, wherein a cluster of renderings represents a discussion between a subset of users that are represented by individual renderings positioned in association with the cluster, the user interface arrangement further comprising a list of individual discussions that are each associated with graphical elements ... receiving an input indicating a selection of the discussion)(claim 1; a graphical elements of individual discussions are selectable);
receiving an input indicating a selection of the graphical element for initiating a listen-only mode for the discussion between the subset of users (receiving an input indicating a selection of the discussion by an interaction with a graphical element associated with the discussion under a listen-only mode)(claim 1); and
in response to the input selecting the graphical element for initiating the listen-only mode for the discussion between the subset of users (in response to the input selecting the discussion under the listen-only mode)(claim 1):
moving a rendering representing a user associated with the input to a position that indicates an association between the rendering representing the user and the cluster of renderings that represents the discussion between the subset of users (moving a rendering representing a user associated with the input to a position that indicates an association between the rendering representing the user and the cluster of renderings that represents the discussion between the subset of users)(claim 1), and
modifying access rights for a computing device associated with the user to receive audio signals from computing devices of the subset of users having renderings positioned in association with the cluster, but without transmitting audio signals from the computing device associated with the user to the computing devices of the subset of users (modifying access rights for a computing device associated with the user to receive audio signals from computing devices of the subset of users having renderings positioned in association with the cluster, but without transmitting audio signals from the computing device associated with the user to the computing devices of the subset of users)(claim 1).
Regarding claim 3, the reference patent recites:
The method of Claim 1, further comprising:
receiving a selection of a second graphical element associated with the discussion (receiving a selection of a second graphical element associated with the discussion)(claim 3); and
in response to the selection of the second graphical element of the discussion (in response to the selection of the second graphical element of the discussion)(claim 3):
causing a transition from the user interface arrangement comprising the plurality of renderings to a second user interface arrangement comprising individual renderings of the subset of users with the graphical elements outlining the cluster and graphical elements representing other clusters (causing a transition from the user interface arrangement comprising the plurality of renderings to a second user interface arrangement comprising individual renderings of the subset of users with the graphical elements outlining the cluster and graphical elements representing other clusters)(claim 3), and
modifying the access rights for the computing device associated with the user to send audio signals to the computing devices of the subset of users having renderings positioned in association with the cluster (modifying the access rights for the computing device associated with the user to send audio signals to the computing devices of the subset of users having renderings positioned in association with the cluster)(claim 3).
Regarding claim 4, the reference patent recites:
The method of Claim 1, wherein moving the rendering representing the user includes moving the rendering representing the user to a position that further indicates the listen-only mode of audio signals received from the computing devices of the subset of users, wherein the position that further indicates the listen-only mode is different than another position of the rendering representing the user that indicates a full join having bi-directional communication between the user and the subset of users (in response to the input selecting the discussion under the listen-only mode ... moving a rendering representing a user associated with the input to a position that indicates an association between the rendering representing the user and the cluster of renderings that represents the discussion between the subset of users)(claim 1; a user is position in a discussion is based on audio mode, that is, a user is positioned in a listen-only location when in listen-only mode and a full conversation location when in full conversation mode).
Regarding claim 5, the reference patent recites:
The method of Claim 1, wherein the graphical element associated with the discussion comprises selectable options for controlling a communication mode of audio signals of at least one of audio signals received from the computing devices of the subset of users or video signals received from the computing devices of the subset of users (receiving an input indicating a selection of the discussion by an interaction with a graphical element associated with the discussion under a listen-only mode)(claim 1; graphical elements depicting communication modes are selectable).
Regarding claim 6, the reference patent recites:
The method of Claim 1, wherein modifying access rights for the computing device associated with the user to receive audio signals from the computing devices of the subset of users having renderings positioned in association with the cluster is performed without including or adding a representation of the user to a list of users of the subset, wherein the listen-only mode does not cause the generation of another graphical element representing the user on a display of the computing devices of the subset of users (in response to the input selecting the discussion under the listen-only mode ... moving a rendering representing a user associated with the input to a position that indicates an association between the rendering representing the user and the cluster of renderings that represents the discussion between the subset of users)(claim 1; a user in listen-only mode is represented by a graphical element in a position indicative of the listen-only mode), and wherein the listen-only mode does not cause the generation of an audio signal indicating the listen-only mode for the user on the computing devices of the subset of users (without transmitting audio signals from the computing device associated with the user to the computing devices of the subset of users)(claim 1; listen-only mode does not generate audio signals of the user as the user is only listening in).
Regarding claim 7, the reference patent recites:
The method of Claim 1, further comprising communicating audio signals from computing devices of users participating in other discussion subgroups to the computing device associated with the user, wherein the audio signals from computing devices are concurrently communicated to the computing device associated with the user while a position of the rendering of the user does not have a visual association with the cluster, wherein a first component of the audio signals is from a first cluster of users participating in a first discussion, and a second component of the audio signals is from a second cluster of users participating in a second discussion, wherein a volume of the first component is based on a distance between the rendering of the user and a representation of the first cluster, wherein a volume of the second component is based on a distance between the rendering of the user and a representation of the second cluster (communicating audio signals from computing devices of users participating in other discussion subgroups to the computing device associated with the user, wherein the audio signals from computing devices are concurrently communicated to the computing device associated with the user while a position of the rendering of the user does not have a visual association with the cluster, wherein a first component of the audio signals is from a first cluster of users participating in a first discussion, and a second component of the audio signals is from a second cluster of users participating in a second discussion, wherein a volume of the first component is based on a distance between the rendering of the user and a representation of the first cluster, wherein a volume of the second component is based on a distance between the rendering of the user and a representation of the second cluster)(claim 4).
Regarding claim 8, the reference patent recites:
The method of Claim 1, wherein moving the rendering representing the user associated with the input comprises: moving the rendering from an original position to the position, wherein the original position indicates that the rendering representing the user does not have a visual association with the cluster of renderings that represents the discussion, wherein the position indicates a visual association between the rendering representing the user and the cluster of renderings that represents the discussion (wherein moving the rendering representing the user associated with the input comprises: moving the rendering from an original position to the position, wherein the original position indicates that the rendering representing the user does not have a visual association with the cluster of renderings that represents the discussion, wherein the position indicates a visual association between the rendering representing the user and the cluster of renderings that represents the discussion)(claim 5).
Regarding claim 9, the reference patent recites:
A computing device for controlling access to audio and video streams of a communication session, the computing device comprising (A computing device for controlling access to audio and video streams of a communication session, the computing device comprising)(claim 9):
one or more processing units (one or more processing units)(claim 9); and
a computer-readable storage medium having encoded thereon computer-executable instructions to cause the one or more processing units to (a computer-readable storage medium having encoded thereon computer-executable instructions to cause the one or more processing units to)(claim 9):
cause a display of a user interface arrangement comprising a plurality of renderings each associated with individual users of a communication session, the user interface arrangement further comprising clusters each representing individual discussions of subgroups of users, wherein a cluster of renderings represents a discussion between a subset of users that are represented by individual renderings positioned in association with the cluster, the user interface arrangement further comprising a graphical element for selecting the discussion (cause a display of a user interface arrangement comprising a plurality of renderings each associated with individual users of a communication session, the user interface arrangement further comprising clusters each representing individual discussions of subgroups of users, wherein a cluster of renderings represents a discussion between a subset of users that are represented by individual renderings positioned in association with the cluster, the user interface arrangement further comprising a list of individual discussions that are each associated with graphical elements outlining individual clusters representing the individual discussions)(claim 9);
receive an input indicating a selection of the graphical element for initiating a listen-only mode for the discussion between the subset of users (receive an input indicating a selection of the discussion by an interaction with a graphical element associated with the discussion under a listen-only mode)(claim 9); and
in response to the input selecting the graphical element for initiating the listen-only mode for the discussion between the subset of users (in response to the input selecting the discussion under the listen-only mode)(claim 9):
move a rendering representing a user associated with the input to a position that indicates an association between the rendering representing the user and the cluster of renderings that represents a discussion between the subset of users (move a rendering representing a user associated with the input to a position that indicates an association between the rendering representing the user and the cluster of renderings that represents the discussion between the subset of users)(claim 9), and
modify access rights for a computing device associated with the user to receive audio signals from computing devices of the subset of users having renderings positioned in association with the cluster, but without transmitting audio signals from the computing device associated with the user to the computing devices of the subset of users (modify access rights for a computing device associated with the user to receive audio signals from computing devices of the subset of users having renderings positioned in association with the cluster, but without transmitting audio signals from the computing device associated with the user to the computing devices of the subset of users)(claim 9).
Regarding claim 11, the reference patent recites:
The computing device of Claim 9, wherein the instructions further cause the one or more processing units to:
receive a selection of a second graphical element associated with the discussion (receive a selection of a second graphical element associated with the discussion)(claim 11); and
in response to the selection of the second graphical element of the discussion (in response to the selection of the second graphical element of the discussion)(claim 11):
cause a transition from the user interface arrangement comprising the plurality of renderings to a second user interface arrangement comprising individual renderings of the subset of users with the graphical elements outlining the cluster and graphical elements representing other clusters (cause a transition from the user interface arrangement comprising the plurality of renderings to a second user interface arrangement comprising individual renderings of the subset of users with the graphical elements outlining the cluster and graphical elements representing other clusters)(claim 11), and
modify the access rights for the computing device associated with the user to send audio signals to the computing devices of the subset of users having renderings positioned in association with the cluster (modify the access rights for the computing device associated with the user to send audio signals to the computing devices of the subset of users having renderings positioned in association with the cluster)(claim 11).
Regarding claim 12, the reference patent recites:
The computing device of Claim 9, wherein the input indicating the selection of the discussion comprises receiving an input indicating a topic, wherein the method further comprises: determining that the topic is related to the discussion, wherein moving the rendering representing the user and modifying access rights for the computing device associated with the user to receive audio signals from devices of the subgroup of users in response to determining that the topic is related to the discussion (wherein the input indicating the selection of the discussion comprises receiving an input indicating a topic, wherein the method further comprises: determining that the topic is related to the discussion, wherein moving the rendering representing the user and modifying access rights for the computing device associated with the user to receive audio signals from devices of the subgroup of users in response to determining that the topic is related to the discussion)(claim 12).
Regarding claim 13, the reference patent recites:
The computing device of Claim 9, wherein the input indicating the selection of the discussion comprises receiving an input indicating an identifier of a discussion participant, wherein the method further comprises: determining that the discussion participant identified in the input is participating in the discussion with a subgroup of users, wherein moving the rendering representing the user and modifying access rights for the computing device associated with the user to receive audio signals from devices of the subgroup of users in response to determining that the discussion participant identified in the input is participating in the discussion with a subgroup of users (wherein the input indicating the selection of the discussion comprises receiving an input indicating an identifier of a discussion participant, wherein the method further comprises: determining that the discussion participant identified in the input is participating in the discussion with a subgroup of users, wherein moving the rendering representing the user and modifying access rights for the computing device associated with the user to receive audio signals from devices of the subgroup of users in response to determining that the discussion participant identified in the input is participating in the discussion with a subgroup of users)(claim 13).
Regarding claim 14, the reference patent recites:
The computing device of Claim 9, wherein the instructions further cause the one or more processing units to communicate audio signals from computing devices of users participating in other discussion subgroups to the computing device associated with the user, wherein the audio signals from computing devices are concurrently communicated to the computing device associated with the user while a position of the rendering of the user does not have a visual association with the cluster, wherein a first component of the audio signals is from a first cluster of users participating in a first discussion, and a second component of the audio signals is from a second cluster of users participating in a second discussion, wherein a volume of the first component is based on a distance between the rendering of the user and a representation of the first cluster, wherein a volume of the second component is based on a distance between the rendering of the user and a representation of the second cluster (wherein the instructions further cause the one or more processing units to communicate audio signals from computing devices of users participating in other discussion subgroups to the computing device associated with the user, wherein the audio signals from computing devices are concurrently communicated to the computing device associated with the user while a position of the rendering of the user does not have a visual association with the cluster, wherein a first component of the audio signals is from a first cluster of users participating in a first discussion, and a second component of the audio signals is from a second cluster of users participating in a second discussion, wherein a volume of the first component is based on a distance between the rendering of the user and a representation of the first cluster, wherein a volume of the second component is based on a distance between the rendering of the user and a representation of the second cluster)(claim 14).
Regarding claim 15, the reference patent recites:
The computing device of Claim 9, wherein a location of a source of a first component is based on a location of the rendering of the user relative to a location of the representation of a first cluster, wherein a location of a source of a second component is based on the location of the rendering of the user relative to a location of the representation of a second cluster (wherein a location of a source of a first component is based on a location of the rendering of the user relative to a location of the representation of a first cluster, wherein a location of a source of a second component is based on the location of the rendering of the user relative to a location of the representation of a second cluster)(claim 15).
Regarding claim 16, the reference patent recites:
A computer-readable storage device having encoded thereon computer-executable instructions to cause the one or more processing units of a system to (A computer-readable storage device having encoded thereon computer-executable instructions to cause the one or more processing units of a system to)(claim 16):
cause a display of a user interface arrangement comprising a plurality of renderings each associated with individual users of a communication session, the user interface arrangement further comprising clusters each representing individual discussions of subgroups of users, wherein a cluster of renderings represents a discussion between a subset of users that are represented by individual renderings positioned in association with the cluster, the user interface arrangement further comprising a graphical element for selecting the discussion (cause a display of a user interface arrangement comprising a plurality of renderings each associated with individual users of a communication session, the user interface arrangement further comprising clusters each representing individual discussions of subgroups of users, wherein a cluster of renderings represents a discussion between a subset of users that are represented by individual renderings positioned in association with the cluster, the user interface arrangement further comprising a list of individual discussions that are each associated with graphical elements outlining individual clusters representing the individual discussions)(claim 16);
receive an input indicating a selection of the graphical element for initiating a listen-only mode for the discussion between the subset of users (receive an input indicating a selection of the discussion by an interaction with a graphical element associated with the discussion under a listen-only mode)(claim 16); and
in response to the input selecting the graphical element for initiating the listen-only mode for the discussion between the subset of users (in response to the input selecting the discussion under the listen-only mode)(claim 16):
move a rendering representing a user associated with the input to a position that indicates an association between the rendering representing the user and the cluster of renderings that represents the discussion between the subset of users (move a rendering representing a user associated with the input to a position that indicates an association between the rendering representing the user and the cluster of renderings that represents the discussion between the subset of users)(claim 16), and
modify access rights for a computing device associated with the user to receive audio signals from computing devices of the subset of users having renderings positioned in association with the cluster, but without transmitting audio signals from the computing device associated with the user to the computing devices of the subset of users (modify access rights for a computing device associated with the user to receive audio signals from computing devices of the subset of users having renderings positioned in association with the cluster, but without transmitting audio signals from the computing device associated with the user to the computing devices of the subset of users)(claim 16).
Regarding claim 17, the reference patent recites:
The computer-readable storage device of Claim 16, wherein the instructions further cause the one or more processing units to:
receive a selection of a second graphical element associated with the discussion (receive a selection of a second graphical element associated with the discussion)(claim 18); and
in response to the selection of the second graphical element of the discussion (in response to the selection of the second graphical element of the discussion)(claim 18):
cause a transition from the user interface arrangement comprising the plurality of renderings to a second user interface arrangement comprising individual renderings of the subset of users with the graphical elements outlining the cluster and graphical elements representing other clusters (cause a transition from the user interface arrangement comprising the plurality of renderings to a second user interface arrangement comprising individual renderings of the subset of users with the graphical elements outlining the cluster and graphical elements representing other clusters)(claim 18), and
modify the access rights for the computing device associated with the user to send audio signals to the computing devices of the subset of users having renderings positioned in association with the cluster (modify the access rights for the computing device associated with the user to send audio signals to the computing devices of the subset of users having renderings positioned in association with the cluster)(claim 18).
Regarding claim 18, the reference patent recites:
The computer-readable storage device of Claim 16, wherein the input indicating the selection of the discussion comprises receiving an input indicating a topic, wherein the method further comprises: determining that the topic is related to the discussion, wherein moving the rendering representing the user and modifying access rights for the computing device associated with the user to receive audio signals from devices of the subgroup of users in response to determining that the topic is related to the discussion (wherein the input indicating the selection of the discussion comprises receiving an input indicating a topic, wherein the method further comprises: determining that the topic is related to the discussion, wherein moving the rendering representing the user and modifying access rights for the computing device associated with the user to receive audio signals from devices of the subgroup of users in response to determining that the topic is related to the discussion)(claim 19).
Regarding claim 19, the reference patent recites:
The computer-readable storage device of Claim 16, wherein the input indicating the selection of the discussion comprises receiving an input indicating an identifier of a discussion participant, wherein the method further comprises: determining that the discussion participant identified in the input is participating in the discussion with a subgroup of users, wherein moving the rendering representing the user and modifying access rights for the computing device associated with the user to receive audio signals from devices of the subgroup of users in response to determining that the discussion participant identified in the input is participating in the discussion with a subgroup of users (wherein the input indicating the selection of the discussion comprises receiving an input indicating an identifier of a discussion participant, wherein the method further comprises: determining that the discussion participant identified in the input is participating in the discussion with a subgroup of users, wherein moving the rendering representing the user and modifying access rights for the computing device associated with the user to receive audio signals from devices of the subgroup of users in response to determining that the discussion participant identified in the input is participating in the discussion with a subgroup of users)(claim 20).
Regarding claim 20, the reference patent recites:
The computer-readable storage device of Claim 16, wherein modifying access rights for the computing device associated with the user to receive audio signals from the computing devices of the subset of users having renderings positioned in association with the cluster is performed without including or adding a representation of the user to a list of users of the subset, wherein the listen-only mode does not cause the generation of another graphical element representing the user on a display of the computing devices of the subset of users (in response to the input selecting the discussion under the listen-only mode ... moving a rendering representing a user associated with the input to a position that indicates an association between the rendering representing the user and the cluster of renderings that represents the discussion between the subset of users)(claim 16; a user in listen-only mode is represented by a graphical element in a position indicative of the listen-only mode), and wherein the listen-only mode does not cause the generation of an audio signal indicating the listen-only mode for the user on the computing devices of the subset of users (without transmitting audio signals from the computing device associated with the user to the computing devices of the subset of users)(claim 16; listen-only mode does not generate audio signals of the user as the user is only listening in).
Claims 2 and 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over the reference patent in view of Morris et al. U.S. Publication No. 20220086203A1.
Regarding claim 2, the reference patent recites:
The method of Claim 1, further comprising:
… controlling the audio signals from computing devices of the subset of users … (modifying access rights for a computing device associated with the user to receive audio signals from computing devices of the subset of users having renderings positioned in association with the cluster, but without transmitting audio signals from the computing device associated with the user to the computing devices of the subset of users)(claim 1; audio signals are modified).
The reference patent does not disclose the controlling is based on a position of user relative to other users, wherein audio signals between a right and left speakers of a device of the user are controlled based on the user’s positioning relative to other users. However, Morris teaches controlling audio based on a position of user relative to other users, wherein audio signals between a right and left speakers of a device of the user are controlled based on the user’s positioning relative to other users (Audio corresponding to each avatar (e.g. recorded by microphones at each user's computing device and provided as a media stream) may be spatially mixed based on the relative positions and orientations of the corresponding avatars and the user's avatar. For example, audio from a first remote user corresponding to an avatar 102 to the user's “left” in the virtual environment may be panned to the left of a stereo field, while audio from a second remote user corresponding to an avatar 102 to the user's “right” in the virtual environment may be panned to the right in the stereo field. Accordingly, the stereo audio image of each audio stream may be placed in a position within the stereo field corresponding to the relative position of the avatar to the user's virtual camera and avatar)([0043]).
It would have been obvious to person of ordinary skill in the art before the effective filling date of the claimed invention to control audio signals of left and right speakers of a user based on a user’s position relative to other users, as disclosed in Morris, within the method of claim 1 of the reference patent, to localize and separate simultaneous speaker (allowing easy localization of speakers and separation of simultaneous speakers at distinct positions)([0043]). This would assist a user in understanding multiple users speaking simultaneously.
Regarding claim 10, the reference patent recites:
The computing device of Claim 9, wherein the instructions further cause the one or more processing units to:
… controlling the audio signals from computing devices of the subset of users … (modifying access rights for a computing device associated with the user to receive audio signals from computing devices of the subset of users having renderings positioned in association with the cluster, but without transmitting audio signals from the computing device associated with the user to the computing devices of the subset of users)(claim 9; audio signals are modified).
The reference patent does not disclose the controlling is based on a position of user relative to other users, wherein audio signals between a right and left speakers of a device of the user are controlled based on the user’s positioning relative to other users. However, Morris teaches controlling audio based on a position of user relative to other users, wherein audio signals between a right and left speakers of a device of the user are controlled based on the user’s positioning relative to other users (Audio corresponding to each avatar (e.g. recorded by microphones at each user's computing device and provided as a media stream) may be spatially mixed based on the relative positions and orientations of the corresponding avatars and the user's avatar. For example, audio from a first remote user corresponding to an avatar 102 to the user's “left” in the virtual environment may be panned to the left of a stereo field, while audio from a second remote user corresponding to an avatar 102 to the user's “right” in the virtual environment may be panned to the right in the stereo field. Accordingly, the stereo audio image of each audio stream may be placed in a position within the stereo field corresponding to the relative position of the avatar to the user's virtual camera and avatar)([0043]).
It would have been obvious to person of ordinary skill in the art before the effective filling date of the claimed invention to control audio signals of left and right speakers of a user based on a user’s position relative to other users, as disclosed in Morris, within the device of claim 9 of the reference patent, to localize and separate simultaneous speaker (allowing easy localization of speakers and separation of simultaneous speakers at distinct positions)([0043]). This would assist a user in understanding multiple users speaking simultaneously.
Allowable Subject Matter
Claims 1, 9, and 16 would be allowable if the double patenting rejection is overcome.
Claims 2-5, 7-8, 10-15, and 17-19 would be allowable if the double patenting rejection is overcome and rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 6 and 20 would be allowable if the double patenting rejection is overcome and rewritten to overcome the 35 U.S.C. 112 rejection and in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider the reference fully when responding to this action. The document cited therein and enumerated below teaches a method and apparatus for rendering representations of users in a communication session and controlling access media streams.
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/YONGJIA PAN/Primary Examiner, Art Unit 2118
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