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 § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bromand et al. (US Patent Application Publication No. 2021/0065696) in view of Helms (US Patent No. 5,666,426) further in view of Cremer et al. (US Patent Application Publication No. 2020/0245024) and still further in view of Sharma et al. (US Patent Application Publication No. 2021/0335388).
Regarding claims 21 and 40, Bromand discloses a system for providing content for output to a user device, the system comprising: one or more processors; and one or more storage devices storing instructions that, when executed by the one or more processors, cause the one or more processors to perform operations comprising [see abstract and figure 1; the media content delivery system includes one or more electronic devices, one or more media content provider servers, and/or one or more content delivery networks]:
receiving content comprising a plurality of components including an audio component [see para. 0021; the first electronic device to, while a media content item is emitted by a second electronic device that is remote from the first electronic device, receive data that includes: timing information, offset information that indicates a difference between an initial position of the media content item and a current playback position of the media content item, and an audio stream that corresponds to the media content item; which corresponds to media content item provided to the playback device];
receiving, from one or more microphones, an ambient audio signal representing an acoustic output of the user device [see para. 0020-0022; The one or more programs also include instructions for detecting ambient sound that includes sound corresponding to the media content item emitted by the second electronic device and generating a cleaned version of the ambient sound, including using the timing information and the offset information to align the audio stream with the ambient sound and performing a subtraction operation to substantially subtract the audio stream from the ambient sound; which corresponds to the ambient sound is captured by the device microphone and includes the acoustic output of the playback device];
identifying a user device preference indicative of a reduction of an output property of the user device [see para. 0043; the output devices (e.g., output device(s) include a speaker (e.g., speakerphone device) and/or an audio jack other physical output connection port for connecting to speakers, earphones, headphones, or other external listening devices. Furthermore, some electronic devices use a microphone and voice recognition device to supplement or replace the keyboard. Optionally, the electronic device includes an audio input device (e.g., a microphone) to capture audio (e.g., speech from a user)].
Bromand fails to explicitly teach deconvolving an audio volume of the ambient audio signal with a corresponding audio volume of the audio component in the content.
Helms teaches deconvolving an audio volume of the ambient audio signal with a corresponding audio volume of the audio component in the content [see Abstract, col. 3, lines 13-44 and figure 1; The DSP also receives the digital amplified output signal, which is the digital representation of the amplified output signal from the conventional audio system. As such, the digital amplified output signal is, of course, indicative of the gain level of the Amp. The DSP processes the digital ambient sound signal and the digital amplified output signal to determine a signal-to-noise ratio according to the following formula: Signal-to-Noise Ratio =(amplified output signal 21)/[(digital ambient noise signal 13) - (amplified output signal 21)]. Based on the signal-to-noise ratio, the DSP selectively determines and outputs the gain level signal. In operation, the DSP initially determines a ratio of the digital amplified output signal to the environmental noise (i.e., the environmental noise is calculated by the DSP as the digital ambient sound signal minus the digital amplified output signal, as just previously described) at a point in time soon after power-up of the automatic audio control system and initial adjustment of volume level, via the manual volume control by the listener, of the amplified sound that is output by the conventional audio system to the environment].
It would have been obvious to one of an ordinary skill in the art, having the teachings of Bromand and Helms before the affective filing date of the claimed invention to modify, aligned reference audio stream and microphone ambient signal of Bromand to incorporate volume ratio and deconvolution, as taught by Helms. One would have been motivated to make such a combination which improves the reliability of subtraction and yields an explicit reduced output preference and able to reproduce a wide variety of types of content.
The combination of Bromand and Helms does not explicitly teach reducing a contribution, to the content, of at least one of the plurality of components based on the identified user device preference to obtain reduced content and providing the reduced content to the user device for output.
Cremer discloses reducing a contribution, to the content, of at least one of the plurality of components based on the identified user device preference to obtain reduced content and providing the reduced content to the user device for output [see abstract, para. 0048; responsive to encountering a trigger to carry out a media replacement event, playback device then instruct audio analysis module to determine whether or not playback device is presenting media content in a muted state, playback device determine that first media content is being presented in a muted state prior to encountering a trigger to carry out a media replacement event. For instance, audio analysis module configured to periodically determine whether playback device is presenting media content in a muted state, audio analysis module configured to determine whether playback device is presenting media content in a muted state upon detecting a channel-change event. Responsive to encountering such a trigger and based on a determination that playback device is presenting first media content in a muted state, audio analysis module output an instruction to present the replacement media content in a muted state. For instance, audio analysis module output such an instruction to playback-modification module; which corresponds to identifying a muted reduced output state of media being provided to a playback device and changing the content that is presented based on that determination].
It would have been obvious to one of an ordinary skill in the art, having the teachings of Bromand, Helms and Cremer before the affective filing date of the claimed invention to modify, aligned reference audio stream and microphone ambient signal of Bromand and Helms’ volume ratio and deconvolution and to incorporate muted or reduced output state as taught by Cremer.
One would have been motivated to make such a combination which improves the reliability of subtraction and yields an explicit reduced output preference and able to reproduce a wide variety of types of content and presenting unused audio and matches the user’s output preference.
Bromand, Helms and Cremer does not explicitly teach providing the reduced content to the user device for output.
Sharma discloses providing the reduced content to the user device for output [see para. 0004-0006; a media stream is detected that is playing on a device that is within a threshold distance of the AR device. The source of the media stream is also identified (e.g., a content platform, an application, a device, or a server corresponding to a content provider). In response to identifying the source of the media stream played on the other device within the threshold distance of the AR device comprises, the AR device is used to query the source for a consumption option for the media stream. An AR overlay is generated using the AR device. The AR overlay comprises at least one user interface element that corresponds to the consumption option for the media stream. An input is received corresponding to an interaction with the at least one UI element. In response to receiving the input, at least one of (i) modifying the playing of the stream playing on the other device based on the consumption option and (ii) generating an AR overlay related to the consumption option at the AR device is performed; which corresponds to a multimedia streaming connection over which audio data and video data are streamed to adjust the audio quality level while maintaining a specified video quality].
It would have been obvious to one of an ordinary skill in the art, having the teachings of Bromand, Helms, Cremer and Sharma before the affective filing date of the claimed invention to modify, aligned reference audio stream and microphone ambient signal of Bromand; Helms’ volume ratio and deconvolution and Cremer’s muted or reduced output state to incorporate adaptive reduction of the audio component as taught by Sharma.
One would have been motivated to make such a combination which improves the reliability of subtraction and yields an explicit reduced output preference and able to reproduce a wide variety of types of content and present unused audio and matches the user’s output preference.
Regarding claims 22 and 34, Helms discloses wherein identifying the user device preference comprises deconvolving the audio volume of the ambient audio signal with the corresponding audio volume of the audio component in the content [see Abstract, col. 3, lines 13-44 and figure 1; The DSP also receives the digital amplified output signal, which is the digital representation of the amplified output signal from the conventional audio system. As such, the digital amplified output signal is, of course, indicative of the gain level of the Amp. The DSP processes the digital ambient sound signal and the digital amplified output signal to determine a signal-to-noise ratio according to the following formula: Signal-to-Noise Ratio =(amplified output signal 21)/[(digital ambient noise signal 13) - (amplified output signal 21)].
Bromand discloses to identify a reduction in an audio output volume of the user device by using the one or more microphones, and wherein reducing the contribution, to the content [see para. 0020-0022; The one or more programs also include instructions for detecting ambient sound that includes sound corresponding to the media content item emitted by the second electronic device and generating a cleaned version of the ambient sound, including using the timing information and the offset information to align the audio stream with the ambient sound and performing a subtraction operation to substantially subtract the audio stream from the ambient sound; which corresponds to the ambient sound is captured by the device microphone and includes the acoustic output of the playback device].
Shamar discloses the at least one of the plurality of components comprises reducing the contribution of the audio component [see para. 0062; element comprise identifying information regarding media stream, such as a title and/or serial programming information (e.g., a show title, a season, an episode, and a current playback progress point). Element comprises a mirror stream of media stream reduced to a size viewable on an overlay generated for display on display. Element corresponds to an option to control playback of media stream on remote device using controls generated on display of AR device. Element corresponds to an option to modify media stream, particularly based on an overlay generated on display of AR device. Element corresponds to an option to modify display of AR device, including an AR overlay generated on display of AR device].
One would have been motivated to make such a combination which improves the reliability of subtraction and yields an explicit reduced output preference and able to reproduce a wide variety of types of content and present unused audio and matches the user’s output preference.
Regarding claim 23, Bromand discloses wherein the operations further comprise identifying the reduction in the audio output volume of the user device by isolating audio of the content from the ambient audio signal detected by the one or more microphones [see abstract, para. 0004-0005; timing information, offset information that indicates a difference between an initial position of the media content item and a current playback position of the media content item, and an audio stream that corresponds to the media content item. The method also includes detecting ambient sound that includes sound corresponding to the media content item emitted by the second electronic device and generating a cleaned version of the ambient sound, including using the timing information and the offset information to align the audio stream with the ambient sound and performing a subtraction operation to substantially subtract the audio stream from the ambient sound].
Regarding claims 24 and 35, Bromand discloses wherein the operations further comprise filtering the ambient audio signal detected by the one or more microphones to frequencies of the audio component to identify the reduction in the audio output volume [see para. 0068-0070; a wake word module for verifying and/or determining whether a wake word has been received at the electronic device, the wake word used to identify a voice command that follows the wake word (e.g., after the wake word is received, the electronic device records additional voice commands); and a filtering module for performing a subtraction of audio to reduce and/or eliminate ambient noise to generate a clean version of a voice command received at the electronic device; and a media request processing module for processing requests for media content and facilitating access to requested media items by electronic devices (e.g., the electronic device) including, optionally, streaming media content to such devices].
Regarding claim 25, Bromand discloses wherein the operations further comprise reducing the contribution of the audio component by lowering a quality of the audio component by reducing an audio bit rate of the audio component [see para. 0140; an uncompressed (e.g., larger and/or at least partially uncompressed) version of the content to electronic device the compressed version of the media content item has a lower bitrate than the uncompressed version of the media content item. For example, electronic device receives the uncompressed version of the content such that electronic device is enabled to present a high definition (e.g., high bitrate, such as 320 kbit/second) version of the media content item. Electronic device decodes the compressed version (e.g., with a lower bitrate, such as 96 kbit/second) of the content to determine audio signals (e.g., to be subtracted) corresponding to a current playback position of the media content playing at electronic device. Transmitting a compressed version of the content to electronic device reduces the bandwidth consumed by transmission of the content, while providing sufficient information to allow electronic device to determine (e.g., using a clock sync) a current playback position of media content and the audio signals of the media content (e.g., for the current playback position) playing at electronic device].
Regarding claims 26 and 36, Cremer discloses wherein the operations further comprise reducing the contribution of the audio component by removing the audio component from the content in response to the identified user device preference indicating that audio output is muted [see para. 0048-0051; playback device determine that first media content is being presented in a muted state prior to encountering a trigger to carry out a media replacement event. For instance, audio analysis module configured to periodically determine whether playback device is presenting media content in a muted state. As another example, audio analysis module configured to determine whether playback device is presenting media content in a muted state upon detecting a channel-change event. Responsive to encountering such a trigger, and based on a determination that playback device is presenting first media content in a muted state, audio analysis module output an instruction to present the replacement media content in a muted state].
Regarding claims 27 and 37, Sharma discloses wherein the user device preference is indicative of a reduction in a display output for one or more colors, wherein the at least one of the components comprises a color component, and wherein the operations further comprise reducing the contribution of the color component [see para. 0049, 0116; Modification options, when selected, comprise options to modify mirror stream and other aspects of AR overlay portion in response to inputs. For example, modification options comprise an option to enable captions on at least one of mirror stream and media stream, or comprise options to modify various display settings of display on AR device (e.g., font size, brightness, and color). Additionally, element the AR device may not be head-mounted. Portion displayed on a separate lens from portion depending on device and profile settings. Portion corresponds to an overlay for a stream displayed on a device within the field of view of AR device. Portion corresponds to an arrangement of display setting UI elements. When selected, the display setting UI elements, are each configured to generate an executable command for at least one of a font size modification, a font style modification, enabling or disabling captions, a language utilized, a brightness modification, a resolution modification, and a color modification].
Regarding claim 28, Sharma discloses wherein reducing the contribution of the color component comprises lowering a texture quality for textures where a proportion of the one or more colors in a respective texture is above a predetermined threshold [see para. 0050; modification option comprise an option to enable captions on at least one of AR overlay portion and media stream, or comprise options to modify various display settings of display on AR device (e.g., font size, brightness, and color). AR overlay portion at least partially transparent so a user can still see media stream as displayed on remote device while also viewing overlay portion (e.g., to ensure a user can view captions or subtitles on display while also seeing the display of remote device in order to watch media stream. Playback controls correspond to controls of media stream, playback controls used to control playback of media stream as displayed on remote device. Additionally, overlay portion enable a user of AR device to implement parental controls on at least one of AR device, remote device, and media stream or a content provider associated with media stream, such that objectionable content restricted from access via any of AR device, remote device, or a content provider associated with media stream. Overlay portion also be utilized to change media stream to, for example, a media stream out of field of view but within a threshold distance (e.g., within a same household) or enable a user to change media stream to another content item available via a content platform accessible through both remote device and AR device].
Regarding claim 29, Sharma discloses wherein the predetermined threshold is proportional to a degree in the reduction in the display output for the one or more colors [see para. 0063, 0116; The display setting UI elements, when selected, are each configured to generate an executable command for at least one of a font size modification, a font style modification, enabling or disabling captions, a language utilized, a brightness modification, a resolution modification, and a color modification, either of portions comprise an option to mirror the stream in the display of AR device in order to provide the user a more immersive experience. The content being streamed comprises at least one of a video content item and an audio content item. Portions change depending on the content type (e.g., video or audio) to provide a user of AR device with appropriate modification options].
Regarding claim 30 and 37, Sharma discloses wherein reducing the contribution of the color component comprises reducing an amount of rendering time for at least one of the one or more colors [see para. 0116; a language utilized, a brightness modification, a resolution modification, and a color modification, either of portions comprise an option to mirror the stream in the display of AR device in order to provide the user a more immersive experience, the content being streamed comprises at least one of a video content item and an audio content item. Portions change depending on the content type (e.g., video or audio) to provide a user of AR device with appropriate modification options].
Regarding claims 31 and 38, Bromand discloses wherein the operations further comprise providing the reduced content to the user device by streaming the content to the user device, and wherein reducing the contribution of the components comprises reducing an encoding quality for at least one of the components and/or by not encoding at least one of the components [see para. 0120, 0124; electronic device compresses the media content received from CDN and sends, to electronic device, the compressed version of the media content (e.g., in an audio buffer), the processing load of electronic device is reduced by only processing (e.g., decoding) a portion of the received compressed version of the media content. For example, the first electronic device determines which portion of the compressed version to decode based on the received timing information and offset information and timing and/or offset indication is encoded as a watermark that is superimposed over the audio stream such that it is acoustically masked by the audio stream].
Regarding claims 32 and 39, Bromand discloses wherein reducing the contribution of the components comprises reducing a decoding quality for at least one of the components and/or by not decoding at least one of the components [see para. 0095, 0120; receiving a compressed version of the audio item improves the performance of electronic device by reducing the processing load of the electronic device. For example, electronic devices selectively decode only a portion (e.g., chunks) of the compressed version of the audio item instead of processing the uncompressed version of the media content item. In some embodiments, the electronic device forwards the media content item (e.g., without performing compression) to electronic device].
Regarding claim 33, Bromand discloses a method for providing content for output to a user device, the method comprising [see abstract and figure 1; the media content delivery system includes one or more electronic devices, one or more media content provider servers, and/or one or more content delivery networks]:
receiving content comprising a plurality of components including an audio component [see para. 0021; the first electronic device to, while a media content item is emitted by a second electronic device that is remote from the first electronic device, receive data that includes: timing information, offset information that indicates a difference between an initial position of the media content item and a current playback position of the media content item, and an audio stream that corresponds to the media content item; which corresponds to media content item provided to the playback device];
receiving, from one or more microphones, an ambient audio signal representing an acoustic output of the user device [see para. 0020-0022; The one or more programs also include instructions for detecting ambient sound that includes sound corresponding to the media content item emitted by the second electronic device and generating a cleaned version of the ambient sound, including using the timing information and the offset information to align the audio stream with the ambient sound and performing a subtraction operation to substantially subtract the audio stream from the ambient sound; which corresponds to the ambient sound is captured by the device microphone and includes the acoustic output of the playback device];
identifying a user device preference indicative of a reduction of an output property of the user device [see para. 0043; the output devices (e.g., output device(s) include a speaker (e.g., speakerphone device) and/or an audio jack other physical output connection port for connecting to speakers, earphones, headphones, or other external listening devices. Furthermore, some electronic devices use a microphone and voice recognition device to supplement or replace the keyboard. Optionally, the electronic device includes an audio input device (e.g., a microphone) to capture audio (e.g., speech from a user)].
Bromand fails to explicitly teach deconvolving an audio volume of the ambient audio signal with a corresponding audio volume of the audio component in the content.
Helms teaches deconvolving an audio volume of the ambient audio signal with a corresponding audio volume of the audio component in the content [see Abstract, col. 3, lines 13-44 and figure 1; The DSP also receives the digital amplified output signal, which is the digital representation of the amplified output signal from the conventional audio system. As such, the digital amplified output signal is, of course, indicative of the gain level of the Amp. The DSP processes the digital ambient sound signal and the digital amplified output signal to determine a signal-to-noise ratio according to the following formula: Signal-to-Noise Ratio =(amplified output signal 21)/[(digital ambient noise signal 13) - (amplified output signal 21)]. Based on the signal-to-noise ratio, the DSP selectively determines and outputs the gain level signal. In operation, the DSP initially determines a ratio of the digital amplified output signal to the environmental noise (i.e., the environmental noise is calculated by the DSP as the digital ambient sound signal minus the digital amplified output signal, as just previously described) at a point in time soon after power-up of the automatic audio control system and initial adjustment of volume level, via the manual volume control by the listener, of the amplified sound that is output by the conventional audio system to the environment].
It would have been obvious to one of an ordinary skill in the art, having the teachings of Bromand and Helms before the affective filing date of the claimed invention to modify, aligned reference audio stream and microphone ambient signal of Bromand to incorporate volume ratio and deconvolution, as taught by Helms. One would have been motivated to make such a combination which improves the reliability of subtraction and yields an explicit reduced output preference and able to reproduce a wide variety of types of content.
The combination of Bromand and Helms does not explicitly teach reducing a contribution, to the content, of at least one of the plurality of components based on the identified user device preference to obtain reduced content and providing the reduced content to the user device for output.
Cremer discloses reducing a contribution, to the content, of at least one of the plurality of components based on the identified user device preference to obtain reduced content and providing the reduced content to the user device for output [see abstract, para. 0048; responsive to encountering a trigger to carry out a media replacement event, playback device then instruct audio analysis module to determine whether or not playback device is presenting media content in a muted state, playback device determine that first media content is being presented in a muted state prior to encountering a trigger to carry out a media replacement event. For instance, audio analysis module configured to periodically determine whether playback device is presenting media content in a muted state, audio analysis module configured to determine whether playback device is presenting media content in a muted state upon detecting a channel-change event. Responsive to encountering such a trigger and based on a determination that playback device is presenting first media content in a muted state, audio analysis module output an instruction to present the replacement media content in a muted state. For instance, audio analysis module output such an instruction to playback-modification module; which corresponds to identifying a muted reduced output state of media being provided to a playback device and changing the content that is presented based on that determination].
It would have been obvious to one of an ordinary skill in the art, having the teachings of Bromand, Helms and Cremer before the affective filing date of the claimed invention to modify, aligned reference audio stream and microphone ambient signal of Bromand and Helms’ volume ratio and deconvolution and to incorporate muted or reduced output state as taught by Cremer.
One would have been motivated to make such a combination which improves the reliability of subtraction and yields an explicit reduced output preference and able to reproduce a wide variety of types of content and presenting unused audio and matches the user’s output preference.
Bromand, Helms and Cremer does not explicitly teach providing the reduced content to the user device for output.
Sharma discloses providing the reduced content to the user device for output [see para. 0004-0006; a media stream is detected that is playing on a device that is within a threshold distance of the AR device. The source of the media stream is also identified (e.g., a content platform, an application, a device, or a server corresponding to a content provider). In response to identifying the source of the media stream played on the other device within the threshold distance of the AR device comprises, the AR device is used to query the source for a consumption option for the media stream. An AR overlay is generated using the AR device. The AR overlay comprises at least one user interface element that corresponds to the consumption option for the media stream. An input is received corresponding to an interaction with the at least one UI element. In response to receiving the input, at least one of (i) modifying the playing of the stream playing on the other device based on the consumption option and (ii) generating an AR overlay related to the consumption option at the AR device is performed; which corresponds to a multimedia streaming connection over which audio data and video data are streamed to adjust the audio quality level while maintaining a specified video quality].
It would have been obvious to one of an ordinary skill in the art, having the teachings of Bromand, Helms, Cremer and Sharma before the affective filing date of the claimed invention to modify, aligned reference audio stream and microphone ambient signal of Bromand; Helms’ volume ratio and deconvolution and Cremer’s muted or reduced output state to incorporate adaptive reduction of the audio component as taught by Sharma.
One would have been motivated to make such a combination which improves the reliability of subtraction and yields an explicit reduced output preference and able to reproduce a wide variety of types of content and present unused audio and matches the user’s output preference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (See PTO-892).
Park et al. (US 2025/0287148) discloses an audio output system comprising: an audio output device configured to output different pieces of audio content in accordance with sound figures; a user device configured to control the audio output device through an application; and a shadow device connected to the user device and the audio output device through communication networks, respectively, and configured to store control information for the user device to control the audio output device, wherein the control information includes current state information that represents a current state related to an output of the audio content of the audio output device and specific state information for changing the state of the audio output device to a specific state desired by a user, and wherein the user device is configured to be provided with the current state information that represents the current state from the shadow device and to provide the specific state information for changing the state of the audio output device to the specific state to the shadow device.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for all that it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed were instead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck & Co. v. Biocraft Labs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1,215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
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/CAO H NGUYEN/ Primary Examiner, Art Unit 2171
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