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.
Claim 1 of 18/953,658
A headset device comprising: a memory configured to store (i) a first audio signal, captured by an external microphone coupled to a housing of the headset device, wherein the first audio signal is representative of an environment external to a user wearing the headset device, and (ii) a second audio signal captured by an internal microphone coupled to the housing of the headset device; and one or more processors configured to: verify, based on the first audio signal and the second audio signal, that a self-voice signal of the user is detected that originated from the user wearing the headset device and not from an unauthorized entity that is not associated with the headset device, wherein the self-voice signal of the user includes a keyword based on processing one or more of the first audio signal and the second audio signal; and obtain, based on the verification, additional audio signals representative of one or more audible commands included in the self-voice signal of the user.
Claim 1 of 12153858
A headset device configured to support an audible interface, the headset device comprising: a memory configured to store (i) a first audio signal, captured by an external microphone coupled to a housing of the headset device and facing away from a user wearing the headset device, wherein the first audio signal is representative of an environment external to the user wearing the headset device, and (ii) a second audio signal captured by an internal microphone coupled to the housing of the headset device and facing towards the user wearing the headset device; and one or more processors configured to: verify, based on the first audio signal and the second audio signal, that a self-voice signal of the user is detected that originated from the user wearing the headset device and not from an unauthorized entity that is not associated with the headset device, wherein the self-voice signal of the user includes a keyword based on processing one or more of the first audio signal and the second audio signal; and obtain, based on the verification, additional audio signals representative of one or more audible commands included in the self-voice signal of the user.
Claim 19 of 18/953,658
A headset device comprising: means for storing (i) a first audio signal, captured by an external microphone coupled to a housing of the headset device, wherein the first audio signal is representative of an environment external to a user wearing the headset device, and (ii) a second audio signal captured by an internal microphone coupled to the housing of the headset device; means for obtaining a first audio signal representative of an environment external to the user associated with the headset device; means for obtaining a second audio signal sensed by a microphone coupled to a housing; means for verifying, based on the first audio signal and the second audio signal, that a self-voice signal of the user is detected that originated from the user wearing the headset device and not from an unauthorized entity that is not associated with the headset device, wherein the self-voice signal of the user includes a keyword based on processing one or more of the first audio signal and the second audio signal; and means for obtaining, based on the means for verifying, additional audio signals representative of one or more audible commands included in the self-voice signal of the user.
Claim 27 of 12153858
A headset device configured to support an audible interface, the headset device comprising: means for storing (i) a first audio signal, captured by an external microphone coupled to a housing of the headset device and facing away from a user wearing the headset device, wherein the first audio signal is representative of an environment external to the user wearing the headset device, and (ii) a second audio signal captured by an internal microphone coupled to the housing of the headset device and facing towards the user wearing the headset device; means for obtaining a first audio signal representative of an environment external to the user associated with the headset device; means for obtaining a second audio signal sensed by a microphone coupled to a housing; means for verifying, based on the first audio signal and the second audio signal, that a self-voice signal of the user is detected that originated from the user wearing the headset device and not from an unauthorized entity that is not associated with the headset device, wherein the self-voice signal of the user includes a keyword based on processing one or more of the first audio signal and the second audio signal; and means for obtaining, based on the means for verifying, additional audio signals representative of one or more audible commands included in the self-voice signal of the user.
Claim 20 of 18/953,658
A non-transitory computer readable storage medium storing instructions that, when executed, cause one or more processors of a headset device to: store (i) a first audio signal, captured by an external microphone coupled to a housing of the headset device, wherein the first audio signal is representative of an environment external to a user wearing the headset device, and (ii) a second audio signal captured by an internal microphone coupled to the housing of the headset device; obtain a first audio signal representative of an environment external to the user associated with the headset device; obtain a second audio signal sensed by a microphone coupled to a housing; verify, based on the first audio signal and the second audio signal, that a self-voice signal of the user is detected that originated from the user wearing the headset device and not from an unauthorized entity that is not associated with the headset device, wherein the self-voice signal of the user includes a keyword based on processing one or more of the first audio signal and the second audio signal; and obtain, based on the verification, additional audio signals representative of one or more audible commands included in the self-voice signal of the user.
Claim 28 of 12153858
A non-transitory computer readable storage medium storing instructions that, when executed, cause one or mroe processors of a headset device to: store (i) a first audio signal, captured by an external microphone coupled to a housing of the headset device and facing away from a user wearing the headset device, wherein the first audio signal is representative of an environment external to the user wearing the headset device, and (ii) a second audio signal captured by an internal microphone coupled to the housing of the headset device and facing towards the user wearing the headset device; obtain a first audio signal representative of an environment external to the user associated with the headset device; obtain a second audio signal sensed by a microphone coupled to a housing; verify, based on the first audio signal and the second audio signal, that a self-voice signal of the user is detected that originated from the user wearing the headset device and not from an unauthorized entity that is not associated with the headset device, wherein the self-voice signal of the user includes a keyword based on processing one or more of the first audio signal and the second audio signal; and obtain, based on the verification, additional audio signals representative of one or more audible commands included in the self-voice signal of the user.
Claims 1 & 19-20 of application number 18/953,658 (hereinafter referred to as ‘658) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 & 27-28 of U.S. Patent No. 12153858 (hereinafter referred to as ‘858). Although the claims at issue are not identical, they are not patentably distinct from each other because ‘658 claims 1 & 19-20 are obvious various wordings of ‘858 claims 1 & 27-28.
Claims 1-20 would be allowable once double patenting rejection is overcome.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE C MONIKANG whose telephone number is (571)270-1190. The examiner can normally be reached Mon. - Fri., 9AM-5PM, ALT. Fridays off.
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/GEORGE C MONIKANG/Primary Examiner, Art Unit 2692 09/14/2026
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