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.
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Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18930962 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of the instant application are just the broader versions of claim 1 of the cited copending patent application with minor obvious wording variation: for example, claim 1 of the US Patent practically covers (anticipate) all the limitations of claims 1-20 of the instant application, except for minor obvious differences in the wordings as demonstrated below.
Claim 1
Application No. 18930962
“1. A method comprising: receiving a first electrical signal from a first cardioid microphone capsule of a microphone assembly, the first cardioid microphone capsule oriented to face in a first direction;
1. A method comprising: receiving a first electrical signal from a first cardioid microphone capsule of a microphone assembly, the first cardioid microphone capsule oriented to face in a first direction;
“receiving a second electrical signal from a second cardioid microphone capsule of the microphone assembly, the second cardioid microphone capsule oriented to face in a second direction;
1. receiving a second electrical signal from a second cardioid microphone capsule of the microphone assembly, the second cardioid microphone capsule oriented to face in a second direction that is opposite the first direction;
“converting the first electrical signal into a first audio signal;
1. converting the first electrical signal into a first audio signal;
“converting the second electrical signal into a second audio signal;
1. converting the second electrical signal into a second audio signal;
“and generating, by use of an external electronic device, a polar pattern, wherein generating the polar pattern comprises:
1. and generating, within the microphone assembly, a polar pattern, wherein generating the polar pattern comprises:
“applying a first weight to the first audio signal to form a first weighted signal;
1. applying a first weight to the first audio signal to form a first weighted signal;
“applying a second weight to the second audio signal to form a second weighted signal;
1. applying a second weight to the second audio signal to form a second weighted signal;
“and summing the first weighted signal and the second weighted signal to form the polar pattern.”
1. and summing the first weighted signal and the second weighted signal to form the polar pattern.
To the extent the dependent claims differ substantially from the conflicting claims of the conflicting patents/copending applications, those dependent claims are further rejected based on the findings and rationale presented in their respective art rejections, incorporated herein. In particular, the conflicting claims serve as a base device that would have been obvious to modify based on the teachings of the cited prior art. For the foregoing reasons, the claims of this Applications are rejected for double patenting.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6, 12-14, and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Steele (US 20070014419 A1, hereinafter “Steele”).
Regarding claim 1, Steele teaches receiving a first electrical signal from a first cardioid microphone capsule of a microphone assembly, the first cardioid microphone capsule oriented to face in a first direction; receiving a second electrical signal from a second cardioid microphone capsule of the microphone assembly, the second cardioid microphone capsule oriented to face in a second direction that is opposite the first direction; (see Fig. 1, [0005]-[0007], [0016], [0063]: adaptive directional microphone system both utilizing a forward-facing and backward-facing cardioid polar pattern, which receives electrical signals, front 20 and rear 22 microphones)
and generating, within the microphone assembly, a polar pattern, wherein generating the polar pattern comprises: converting the first electrical signal into a first audio signal; converting the second electrical signal into a second audio signal; (see [0037], [0062]: first and second signal have omni-directional polar pattern, front 20 and rear 22 microphones include analogue to digital converters to provide to the front 21 and rear signals 22)
applying a first weight to the first audio signal to form a first weighted signal; applying a second weight to the second audio signal to form a second weighted signal; (see [0065]: calculates and applies respective front signal weight 39A and rear signal weight 39B)
and summing the first weighted signal and the second weighted signal to form the polar pattern. (see [0071], [0089]: weighted signals 42A and 42B are then passed to a summing element 44 that outputs an adaptive directional signal 46 by summing the weighted signals 42A and 42B. an omni-directional polar pattern may be produced, i.e. when an omni-directional weight is applied)
Regarding claim 2, Steele teaches the first electrical signal into the first audio signal and the converting the second electrical signal into the second audio signal is performed by one or more electrical components within the microphone assembly, the first audio signal comprises a first digital signal, and the second audio signal comprises the second digital signal. (see [0062]: microphone includes suitable analogue to digital converter for providing the front 21 and rear signals 22 in a digital form)
Regarding claim 3, Steele teaches the converting the first electrical signal into the first audio signal and the converting the second electrical signal into the second audio signal is performed by one or more electrical components within the external electronic device, the first audio signal comprises a first digital signal, and the second audio signal comprises a second digital signal. (see [0062]: microphone includes suitable analogue to digital converter for providing the front 21 and rear signals 22 in a digital form. A microphone inherently indicates an external electronic device is used in the process.)
Regarding claim 4, Steele teaches the polar pattern includes at least one of an omnidirectional polar pattern, a cardioid polar pattern, a supercardioid polar pattern, a hypercardioid polar pattern, or a figure eight polar pattern. (see Fig.1, [0007]: polar patterns include an omni-directional polar pattern 10, a bi-directional polar pattern 12, a cardioid polar pattern 14, and a super-cardioid polar pattern 16)
Regarding claim 5, Steele teaches the first weight and the second weight are within a range of -1.0 to +1.0. (see claim 12: first and second weight are within a range which defaults to 1.0 if less than predetermined minimum value)
Regarding claim 6, Steele teaches the first weight and the second weight are less than zero or greater than zero. (see claim 12: first and second weight are within a range which defaults to 1.0 if less than predetermined minimum value)
Regarding claim 12, Steele teaches a first microphone capsule of a microphone assembly configured to generate a first electrical signal; a second microphone capsule of the microphone assembly configured to generate a second electrical signal; (see Fig. 1, [0005]-[0007], [0016], [0063]: adaptive directional microphone system both utilizing a forward-facing and backward-facing cardioid polar pattern, which receives electrical signals, front 20 and rear 22 microphones)
and a microphone control system that is configured to generate one or more polar patterns based on at least one of the first electrical signal or the second electrical signal, wherein a first portion of the microphone control system comprises one or more analog-to-digital converters (ADCs) disposed within the microphone assembly, wherein the one or more ADCs are configured to generate a first audio signal based on the first electrical signal and a second audio signal based on the second electrical signal; (see [0062]: front20 and rear 22 microphones include analogue to digital converters providing the front and rear signals in digital form)
and a second portion of the microphone control system comprises one or more components of an external electronic device configured to digitally add the first and second audio signals to generate the one or more polar patterns. (see claim 20: analog-to digital converter for producing a first signal having an omni-directional polar pattern and second signal having a polar pattern including a summation device for constructing a weighted sum of the signal weight)
Regarding claim 13, Steele teaches the first, second, and see [0016], [0090]: cardioid directional microphone)
Regarding claim 14, Steele teaches the first microphone capsule oriented to face in a first direction, and the second microphone capsule is oriented to face in a second direction that is opposite the first direction. (see Fig. 2-3: front 20 and rear 22 face in opposite directions from one another)
Regarding claim 17, Steele teaches the multiple polar patterns include at least one of an omnidirectional polar pattern, a cardioid polar pattern, a supercardioid polar pattern, a hypercardioid polar pattern, a figure eight polar pattern, or a second order cardioid polar pattern. (see Fig.1, [0007]: polar patterns include an omni-directional polar pattern 10, a bi-directional polar pattern 12, a cardioid polar pattern 14, and a super-cardioid polar pattern 16)
Regarding claim 18, Steele teaches the second portion of the microphone control system is configured to apply a first weight in a first range of -1.0 to +1.0 to the first audio signal and apply a second weight in a second range of -1.0 to +1.0 to the second audio signal before digitally adding the first and second audio signals used to generate the one or more polar patterns. (see claim 12, 20: first and second weight are within a range which defaults to 1.0 if less than predetermined minimum value. Summation for constructing weighted sum of first and second signal weight)
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.
Claim(s) 7-11, 15-16, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steele (US 20070014419 A1, hereinafter “Steele”).
Regarding claim 7, Steele does not teach receiving a third electrical signal from a third cardioid microphone capsule of the microphone assembly; and converting the third electrical signal into a third audio signal, wherein generating the polar pattern comprises: applying a third weight to the third audio signal to form a third weighted signal, and the summing of the first weighted signal and the second weighted signal further comprises summing the first weighted signal, the second weighted signal, and the third weighted signal, and the generated polar pattern is based on the sum of the first weighted signal, the second weighted signal, and the third weighted signal.
Note the discussion of claim 1, it would have been obvious for Steele to have additional microphones such as a third microphone and using similar arrangement as that for the first microphone and the second microphone so that receiving a third electrical signal from a third cardioid microphone capsule of the microphone assembly, the third cardioid microphone capsule oriented to face in the first direction, wherein generating the polar pattern comprises: converting the third electrical signal into a third audio signal; applying a third weight to the third audio signal to form a third weighted signal; wherein summing the first weighted signal and the second weighted signal further comprises summing the first weighted signal, the second weighted signal, and the third weighted signal, and wherein the generating the polar pattern is based on the sum of the first weighted signal, the second weighted signal, and the third weighted signal based on designer's preferences and needs since the principle of operation is very similar to how the first and second microphone arrangements are and no unexpected result is achieved.
Regarding claim 8, Steele does not explicitly mention receiving a fourth electrical signal from a fourth cardioid microphone capsule of the microphone assembly, the fourth cardioid microphone capsule oriented to face in the second direction that is opposite the first direction, wherein the polar pattern is generated based on the first electrical signal, the second electrical signal, the third electrical signal, and the fourth electrical signal.
However, official notice is taken that it is well-known in the art that to include a fourth cardioid microphone capsule that generates a polar pattern based on the previous electrical signals, and therefore it would have been obvious to a person of ordinary skill to have included a fourth cardioid microphone capsule assembly since it is just one of the many well-known ways that a designer can use to expand the set of patterns and enable higher-order and stereo modes.
Regarding claim 9, Steele does not explicitly teach the first electrical signal is converted into the first audio signal in a codec of the microphone assembly.
However, it would have been obvious that the designer/a person of ordinary skill could have chosen such arrangement for the first electrical signal is converted into the first audio signal in a codec of the microphone assembly based on the users' needs/preferences and no unexpected result is produced.
Regarding claim 10, Steele does not explicitly teach the first weight is applied to the first audio signal in a microcontroller unit of the microphone assembly.
However, it would have been obvious that the designer/a person of ordinary skill could have chosen such arrangement for the first weight is applied to the first audio signal in a microcontroller unit of the microphone assembly based on the users' needs/preferences and no unexpected result is produced.
Regarding claim 11, Steele does not explicitly teach the polar pattern for the microphone assembly is formed based on a user input received relative to an input device.
However, official notice is taken that it is well-known in the art that the polar pattern for the microphone assembly is formed based on a user input received relative to an input device, and therefore it would have been obvious to a person of ordinary skill to have included a user input since it is just one of the many well-known ways that a designer can use to effectively adjust the pattern continuously based on user input.
Regarding claim 19, Steele teaches a first cardioid microphone capsule of a microphone assembly, wherein the first microphone capsule is oriented to face in a first direction and configured to generate a first electrical signal; a second cardioid microphone capsule oriented to face in a second direction and is configured to generate a second electrical signal; (see Fig. 1, [0005]-[0007], [0016], [0063]: adaptive directional microphone system both utilizing a forward-facing and backward-facing cardioid polar pattern, which receives electrical signals, front 20 and rear 22 microphones)
and a microphone control system that is configured to generate one or more polar patterns based on at least one of the first electrical signal, the second electrical signal, and the see [0062]: front20 and rear 22 microphones include analogue to digital converters providing the front and rear signals in digital form)
and a second portion of the microphone control system comprises one or more components of an external electronic device configured to digitally add the first, second, and generate the one or more polar patterns. (see claim 20: analog-to digital converter for producing a first signal having an omni-directional polar pattern and second signal having a polar pattern including a summation device for constructing a weighted sum of the signal weight
Note the discussion of claim 1, it would have been obvious for Steele to have additional microphones such as a third microphone and using similar arrangement as that for the first microphone and the second microphone so that receiving a third electrical signal from a third cardioid microphone capsule of the microphone assembly, the third cardioid microphone capsule oriented to face in the first direction, wherein generating the polar pattern comprises: converting the third electrical signal into a third audio signal; applying a third weight to the third audio signal to form a third weighted signal; wherein summing the first weighted signal and the second weighted signal further comprises summing the first weighted signal, the second weighted signal, and the third weighted signal, and wherein the generating the polar pattern is based on the sum of the first weighted signal, the second weighted signal, and the third weighted signal based on designer's preferences and needs since the principle of operation is very similar to how the first and second microphone arrangements are and no unexpected result is achieved.
Regarding claim 20, Steele teaches the second portion of the microphone control system is configured to apply a first weight in a first range of -1.0 to +1.0 to the first audio signal, apply a second weight in a second range of -1.0 to +1.0 to the second audio signal, and apply a third weight in a third range of -1.0 to +1.0 to the third audio signal, wherein applying the first, second andsee claim 12, 20: first and second weight are within a range which defaults to 1.0 if less than predetermined minimum value. Summation for constructing weighted sum of first and second signal weight)
Note the discussion of claim 1, it would have been obvious for Steele to have additional microphones such as a third microphone and using similar arrangement as that for the first microphone and the second microphone so that receiving a third electrical signal from a third cardioid microphone capsule of the microphone assembly, the third cardioid microphone capsule oriented to face in the first direction, wherein generating the polar pattern comprises: converting the third electrical signal into a third audio signal; applying a third weight to the third audio signal to form a third weighted signal; wherein summing the first weighted signal and the second weighted signal further comprises summing the first weighted signal, the second weighted signal, and the third weighted signal, and wherein the generating the polar pattern is based on the sum of the first weighted signal, the second weighted signal, and the third weighted signal based on designer's preferences and needs since the principle of operation is very similar to how the first and second microphone arrangements are and no unexpected result is achieved.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable Steele (US 20070014419 A1, hereinafter “Steele”) in view of Cheng (US 20110069846 A1, hereinafter “Cheng”)
Regarding claim 15, Steele teaches the first portion of the microphone control system comprises one or more see [0052]: amplifying the signals produced by the front and/or the rear microphone before the step of constructing the bi-directional signal, to ensure an equivalent gain between the microphones)
Steele does not explicitly mention a “programmable” gain-amplifier.
However, Cheng teaches a programmable gain amplifier (see [0023]: plurality of programmable gain amplifiers (PGA))
Steele and Cheng are considered to be analogous to the claimed invention because both are in the field of a microphone assembly and audio processing. It would have been obvious to a person of ordinary skill in the art to have chosen to apply the broad teachings of a programmable gain amplifier from Cheng to Steele in order to control and adjust voltage gain through external signals using operational amplifiers.
Regarding claim 16, Steele teaches the first and second microphone capsules are cardioid microphone capsules. (see [0016], [0090]: cardioid directional microphones)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNABELLE KANG whose telephone number is (571)270-3403. The examiner can normally be reached Monday-Thursday 8:00-5:00.
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/ANNABELLE KANG/Examiner, Art Unit 2695
/VIVIAN C CHIN/Supervisory Patent Examiner, Art Unit 2695
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