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 .
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,160,684. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the present claims are broader and similar in scope to that of the claims U.S. Patent No. 12,160,684 with different in wording variations. For example:
Claim 1 of the present invention
Claim 5 of U.S. Patent No. 12,160,684
1. A method, comprising:
determining a change in a number of people participating in a video conference from a first device connected to the video conference based on region of interest processing performed against a video stream of the first device and based on speech audio of the video conference;
changing, based on the change in the number of people participating in the video conference from the first device, an aspect ratio used to display the video stream of the first device from a first aspect ratio to a second aspect ratio;
and causing a second device connected to the video conference to display, within a graphical user interface of the video conference, the video stream of the first device at the second aspect ratio.
1. A method, comprising:
displaying, during a video conference between a first device and a second device, a first video stream from the first device and a second video stream from the second device within a graphical user interface of the video conference, wherein both of the first video stream and the second video stream are displayed using an initial aspect ratio; determining, based on the first video stream, a change in a number of people participating in the video conference from the first device;
determining, based on the change in the number of people participating in the video conference from the first device, an adjusted aspect ratio to use for displaying the first video stream within the graphical user interface of the video conference;
adjusting the display of the first video stream within the graphical user interface of the video conference to use the adjusted aspect ratio; and adjusting, based on the use of the adjusted aspect ratio with the first video stream,
the display of the second video stream within the graphical user interface of the video conference to use the adjusted aspect ratio.
5. The method of claim 1, wherein determining the change in the number of people participating in the video conference from the first device comprises: processing a real-time transcription of the video conference to determine, based on a context of speech represented within the real-time transcription, an intention to include a new person at a location of the first device in the video conference.
From the above claim comparison, the limitations of claim 1 of the present invention are covered/anticipated by that of claim 5 of the U.S. Patent No. 12,160,684. Independent claims 10 and 15 are counterpart claims of method claim 1 and therefore rejected for the same reason addressed above. The remaining dependent claims are either directly or indirectly taught by at least the dependent claims of U.S. Patent No. 12,160,684.
Allowable Subject Matter
Claims 1-20 would be allowed upon overcoming the above rejection and/or filing of an eTerminal or Terminal Disclaimer .
Conclusion
Any response to this action should be mailed to:
Mail Stop ____(explanation, e.g., Amendment or After-final, etc.) Commissioner for Patents
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUOC DUC TRAN whose telephone number is (571) 272-7511. The examiner can normally be reached Monday-Friday 8:30am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached on (571) 272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Quoc D Tran/
Primary Examiner, Art Unit 2691
June 23, 2026
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