DETAILED ACTION
Acknowledgements
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-11 are pending.
This action is Non-Final.
Priority
***U.S. Patent 11,877,841***
In conducting the analysis for this application, the Examiner has become aware of issues in the form of the issued Patent 11,877,841. The examiner is aware of 9 errors in claim 1; 1 in claim 2; 1 in claim 6; 2 in claim 8 of the issued claims; based on cursory review it does not seem that the specification as printed has any issues, but applicant may want to review as well. Review of the examination history of the parent patent application shows that the error was not from any filing from Applicant, nor from the Examiner. However, errors were introduced by the Office somewhere between the Notice of Allowance and the Patent Issuing. The Examiner is using this opportunity to bring this issue to Applicant’s attention to address, if desired, as being the proper procedures after consulting Quality Specialists. The guidance received was that Applicant may file a Certificate of Correction under “37 CFR 1.322 Certificate of correction of Office mistake”; see MPEP 1480.
This matter does not need to be addressed any further in this application.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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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Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 11877841. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application contains broader terms, slightly different terms and/or steps in generation/processing of the sound signals for the same general result of the claimed method. Where the terms are broader, the sub-genus anticipates the genus. Where the terms/steps/processing are slightly different, the differences amounts to obvious variations to produce the same or similar results in the claimed method steps.
Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,138,035. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application contains broader terms, slightly different terms and/or steps in generation/processing of the sound signals for the same general result of the claimed method. Where the terms are broader, the sub-genus anticipates the genus. Where the terms/steps/processing are slightly different, the differences amounts to obvious variations to produce the same or similar results in the claimed method steps.
18/904531
U.S. Patent No. 11877841
1. A method for counting coughs by analyzing a sound signal, the method comprising:
determining a plurality of time points in the sound signal;
extracting a plurality of cropped signals from the sound signal by cropping portions of the sound signal, wherein each of the cropped portions corresponds to a signal with a predetermined time length from each of the determined time points in the sound signal;
transforming each of the plurality of cropped signals into a spectrogram image, thereby forming a plurality of spectrogram images;
determining whether each of the plurality of spectrogram images represents a cough by inputting each of the plurality of spectrogram images into a cough determination model, wherein the cough determination model is a classification model trained to classify the inputted spectrogram image into a cough or non-cough;
determining a plurality of tags according to results determined by the cough determination model, wherein each of the plurality of tags corresponds to each of the plurality of time points, wherein the tag indicates one of the cough and non-cough; and
calculating a total number of coughs included in the sound signal based on the plurality of time points and corresponding tags,
wherein the calculating the total number of coughs comprises:
checking the plurality of tags corresponding to the time points in order of the time points,
counting one cough when the tag corresponding to the time point indicates the cough, and
not counting cough when the tag corresponding to the time point indicates the non-cough, and
wherein when a time interval between a first time point at which a corresponding tag indicates the cough and a second time point which is later in order than the first time point and at which a corresponding tag indicates the cough is within a reference time interval, the cough corresponding to the second time point is not counted towards the total number of coughs included in the sound signal and checking starts from the tag corresponding to a third time point which is later in order than the second time point.
1. A method for counting coughs by analyzing a sound signal, the method comprising:
detecting a plurality of onset signals from the sound signal,
extracting a plurality of onset signals from the sound signal by cropping portions of the sound signal, wherein each of the cropped portions corresponds to a signal with a predetermined time length from each of the detected onset points in the sournd signal;
obtaining a plurality of time points, each of the time points corresponding to a time value of the onset point of each of the plurality of onset signals measured from a starting point of the sound signal, wherein the onset point is a starting point of corresponding onset signal;
transforming each of the plurality of onset signals into a spectrogram image, thereby forming a plurality of spectrogram images;
determing whether each of the pluralty of spectrogram images represents a cough by inputting each of the plurality of spectrogram images into a cough determination model, wherein the cough determination model is a classification model trained to classify the inputted spectrogram image into a cough or non-cough;
determining a pluralty of tags according to results determined by the cough determination model, wherein each of the plurality of tags corresponds to each of the pluralty of time points, wherein the tag indicates one of the cough and non-cough; and
calculating a total number of coughs included in the sound signal based on the plurality of time points and corresponding tags,
wherein the calculating the total number of coughs comprises:
checking the plurality of tags corresponding to the time points in order of the time points,
counting one cough when the tag corresponding to the time point indicates the cough, and
not counting cough when the tag corresponding to the time point indicates the non-cough, and
wherein when a time interval between a first time point at which a corresponding tag indcates the cough and a second time point which is later in order than the first time point and at which a corresponding tag indicates the cough is within a reference time, the cough correspoinding to the second time p;oint is not counted towards the total number of coughs included in the soung signal and checking starts from the tag corresponding to a third time point which is later in order than the second time point.
18/904531
U.S. Patent No. 12138035
1. A method for counting coughs by analyzing a sound signal, the method comprising:
determining a plurality of time points in the sound signal;
extracting a plurality of cropped signals from the sound signal by cropping portions of the sound signal, wherein each of the cropped portions corresponds to a signal with a predetermined time length from each of the determined time points in the sound signal;
transforming each of the plurality of cropped signals into a spectrogram image, thereby forming a plurality of spectrogram images;
determining whether each of the plurality of spectrogram images represents a cough by inputting each of the plurality of spectrogram images into a cough determination model, wherein the cough determination model is a classification model trained to classify the inputted spectrogram image into a cough or non-cough;
determining a plurality of tags according to results determined by the cough determination model, wherein each of the plurality of tags corresponds to each of the plurality of time points, wherein the tag indicates one of the cough and non-cough; and
calculating a total number of coughs included in the sound signal based on the plurality of time points and corresponding tags,
wherein the calculating the total number of coughs comprises:
checking the plurality of tags corresponding to the time points in order of the time points,
counting one cough when the tag corresponding to the time point indicates the cough, and
not counting cough when the tag corresponding to the time point indicates the non-cough, and
wherein when a time interval between a first time point at which a corresponding tag indicates the cough and a second time point which is later in order than the first time point and at which a corresponding tag indicates the cough is within a reference time interval, the cough corresponding to the second time point is not counted towards the total number of coughs included in the sound signal and checking starts from the tag corresponding to a third time point which is later in order than the second time point.
1. A method for counting coughs by analyzing a sound signal, the method comprising:
transforming the sound signal into an entire spectrogram image;
detecting a plurality of onset points in the entire spectrogram image,
extracting a plurality of cropped spectrogram images from the entire spectrogram image by cropping portions of the entire spectrogram image, wherein each of the cropped portions corresponds to a spectrogram image with a predetermined time length from each of the detected onset points in the entire spectrogram image;
obtaining a plurality of time points, each of the time points corresponding to a time value of the onset point of each of the plurality of cropped spectrogram images measured from a starting point of the entire spectrogram image, wherein the onset point is a starting point of corresponding cropped spectrogram image;
determining whether each of the plurality of cropped spectrogram images represents a cough by inputting each of the plurality of cropped spectrogram images into a cough determination model, wherein the cough determination model is a classification model trained to classify the inputted spectrogram image into a cough or non-cough;
determining a plurality of tags according to results determined by the cough determination model, wherein each of the plurality of tags corresponds to each of the plurality of time points, wherein the tag indicates one of the cough and non-cough; and
calculating a total number of coughs included in the sound signal based on the plurality of time points and corresponding tags,
wherein the calculating the total number of coughs comprises:
checking the plurality of tags corresponding to the time points in order of the time points,
counting one cough when the tag corresponding to the time point indicates the cough, and
not counting cough when the tag corresponding to the time point indicates the non-cough, and
wherein when a time interval between a first time point at which a corresponding tag indicates the cough and a second time point which is later in order than the first time point and at which a corresponding tag indicates the cough is within a reference time interval, the cough corresponding to the second time point is not counted towards the total number of coughs included in the sound signal and checking starts from the tag corresponding to a third time point which is later in order than the second time point.
Allowable Subject Matter
Claims 1-11 would be allowed with filing terminal disclaimers to overcome the obvious-type double patenting rejections.
The following is an examiner’s statement of reasons for allowance: The art of record teaches different processes for counting coughs (see Gavriely (US 6,168,568), Patel et al. (Patel, US 2014/0336537), Whitehill et al. (Whitehill, US 2021/0319804), Goldsmith et al. (Goldsmith, US 6,436,057), and Abeyratne et al. (Abeyratne, US 2015/0073306)), but does not directly teach the claimed algorithm including: determining a plurality of time points in the sound signal;
extracting a plurality of cropped signals from the sound signal by cropping portions of the sound signal, wherein each of the cropped portions corresponds to a signal with a predetermined time length from each of the determined time points in the sound signal; transforming each of the plurality of cropped signals into a spectrogram image, thereby forming a plurality of spectrogram images; determining whether each of the plurality of spectrogram images represents a cough by inputting each of the plurality of spectrogram images into a cough determination model, wherein the cough determination model is a classification model trained to classify the inputted spectrogram image into a cough or non-cough; determining a plurality of tags according to results determined by the cough determination model, wherein each of the plurality of tags corresponds to each of the plurality of time points, wherein the tag indicates one of the cough and non-cough; and calculating a total number of coughs included in the sound signal based on the plurality of time points and corresponding tags, wherein the calculating the total number of coughs comprises: checking the plurality of tags corresponding to the time points in order of the time points, counting one cough when the tag corresponding to the time point indicates the cough, and not counting cough when the tag corresponding to the time point indicates the non-cough, and wherein when a time interval between a first time point at which a corresponding tag indicates the cough and a second time point which is later in order than the first time point and at which a corresponding tag indicates the cough is within a reference time interval, the cough corresponding to the second time point is not counted towards the total number of coughs included in the sound signal and checking starts from the tag corresponding to a third time point which is later in order than the second time point, considered as a whole.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL R BLOCH whose telephone number is (571)270-3252. The examiner can normally be reached M-F 11-8 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert (Tse) Chen can be reached at (571)272-3672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL R BLOCH/ Primary Examiner, Art Unit 3791
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