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 1-14 of U.S. Patent No. 12,192,675. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim limitations of the present invention are broader and similar in scope to that of the claims of U.S. Patent No. 12,192,675 with different in wording variations. For example:
Claim 1 of the present invention
Claim 3 of U.S. Patent No. 12,192,675
1. A method, comprising:
receiving, from a first client device of a first participant of a group of participants within a virtual environment, a timing of keyboard and mouse input detected at the first client device, the group of participants having been selected from among plural participants of the virtual environment;
generating, in response to the receiving, keyboard and mouse sounds that correspond to the timing of the keyboard and mouse input;
providing the generated keyboard and mouse sounds to one or more second client devices of respective one or more second participants of the group of participants, for presentation on the one or more second client devices,
wherein generating the keyboard and mouse sounds is based on respectively positioning audio for each participant in the group of participants across a stereo field, such that the keyboard and mouse sounds are audibly perceived as coming from a relative direction of the first participant.
1. A method, comprising:
receiving, from a first client device of a first participant of a group of participants within a virtual working environment, a timing of keyboard and mouse input detected at the first client device, the group of participants having been selected from among plural participants of the virtual working environment;
generating, in response to the receiving, keyboard and mouse sounds that correspond to the timing of the keyboard and mouse input;
providing the generated keyboard and mouse sounds to one or more second client devices of respective one or more second participants of the group of participants, for presentation on the one or more second client devices;
determining, based on the timing of the keyboard and mouse input, that the first participant is active or idle with respect to use of the first client device; providing, to the one or more second client devices, an indication that the first participant is active or idle; and providing, for each participant of the plural participants, display of a transparent, full-screen window to overlay a desktop display, wherein the indication is presented on a dock that is displayed on the transparent, full-screen window.
3. The method of claim 1, wherein generating the keyboard and mouse sounds is based on respectively positioning audio for each participant in the group of participants across a stereo field, such that the keyboard and mouse sounds are audibly perceived as corresponding to the first participant.
From the above claim comparison, the limitations of claim 1 of the present invention are covered/anticipated to that of the claim 3 (claim 1+3) of U.S. Patent No. 12,192,675. Independent claims 8 and 15 are counterpart 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 dependents claims of U.S. Patent No. 12,192,675.
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 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.
Claims 1-3, 7-10 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Enbom et al (2012/0014514).
Consider claims 1, 8 and 15, Enbom et al teach a method, system and non-transitory computer-readable storage medium, the computer-readable storage medium including instructions that when executed by a computer, cause the computer to perform operations comprising: receiving, from a first client device of a first participant of a group of participants within a virtual environment, a timing of keyboard and mouse (i.e., transient noise within a buffering period of time; par. 0003; “During a call, such as an audio or video conference, involving several participants, some of the participants (typically a participant currently inactive in the conference but not necessarily) may for example wish to write an e-mail or take notes on a computer by, e.g., typing on a keyboard or clicking with a mouse. However, such typing or clicking activities may generate a clicking type sound or noise, also referred to as transient noise”) input detected at the first client device, the group of participants having been selected from among plural participants of the virtual environment (par. 0021; the determinations associated with the step of determining activity at the endpoint or the determinations associated with the step of monitoring presence of a potential source of transient noise at the endpoint. The method may then advantageously comprise the calculation of a state value according to the following conditions. A first predetermined value may be added to the state value if a potential source of transient noise is detected within the buffering period of time and an inactive to active transition has been detected in the activity within the buffering period of time”); generating, in response to the receiving, keyboard and mouse sounds that correspond to the timing of the keyboard and mouse input; providing the generated keyboard and mouse sounds to one or more second client devices of respective one or more second participants of the group of participants, for presentation on the one or more second client devices (par. 0009; 0057; “The activity monitoring unit is configured to determine activity at an endpoint by monitoring presence of a signal input from the endpoint into the call and the detecting unit is configured to monitor presence of a potential source of transient noise at the endpoint. Based on the activity determination (by the activity monitoring unit) and the monitoring of the presence of a potential source of transient noise (by the detecting unit), the transmitting unit is configured to send a signal representative of the presence of a transient noise in the call”), wherein generating the keyboard and mouse sounds is based on respectively positioning audio for each participant in the group of participants across a stereo field, such that the keyboard and mouse sounds are audibly perceived as coming from a relative direction of the first participant (par. 0003; 0057; “typing or clicking activities may generate a clicking type sound or noise, also referred to as transient noise in the following, which may easily be picked up by the microphone used by the participant in the call since the microphone typically is located close to the keyboard”).
Consider claims 2, 9 and 16, Enbom et al teach further comprising: determining, based on the timing of the keyboard and mouse input, that the first participant is active or idle with respect to use of the first client device (par. 0012; 0016; “The present invention is also advantageous in that it may indicate presence of a potential source of transient noise at an endpoint both if the participant is, or is not, actively involved in the call (i.e. providing, or not, speech data as an input signal)”; par. 0021-0023).
Consider claims 3, 10 and 17, Enbom et al teach further comprising: providing, to the one or more second client devices, an indication that the first participant is active or idle (par. 0012; 0016; “The present invention is also advantageous in that it may indicate presence of a potential source of transient noise at an endpoint both if the participant is, or is not, actively involved in the call (i.e. providing, or not, speech data as an input signal)”; par. 0021-0023).
Consider claims 7 and 14, Enbom et al teach wherein each group of participants is provided to simulate a group of co-workers in a physical office (Fig. 1; Par. 0045).
Allowable Subject Matter
Claims 4-6, 11-13 and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims as well as overcoming the above double panting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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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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/Quoc D Tran/
Primary Examiner, Art Unit 2691
June 24, 2026
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