DETAILED ACTION
Response to Amendment
This Office Action is in response to Applicants Preliminary Amendment filed 12/27/2024 which has been entered of a Continuation (CON) of Application 18/085382 which is now United States Patent 12,200,429; hereinafter referred to as Patent (‘429). No Claims have been amended. Claim 1 has been cancelled. Claims 2-21 have been added. Claims 2-21 are still pending in this application, with Claims 2, 12 and 17 being independent.
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 2, 3, 12, 13, 17 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 9-11 of U.S. Patent No. 12,200,429; hereinafter referred to as Patent (‘429). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 2 of the instant application mirrors and is comprised of elements from Claim 9 of Patent (‘429) with the exception of the following: The headset comprising an acoustic sensor configured to capture sound recited in the instant application is recited as A headset comprising… a primary waveguide having a first end and a second end, the first end including an acoustic sensor… wherein the sound pressure waves and a first portion of the turbulent pressure waves are detected by the acoustic sensor in Patent (‘429).
The instant application recites a primary waveguide comprising: a first end coupled to the acoustic sensor; and a second end comprising a first port configured to receive airflow comprising a turbulent pressure wave and a sound pressure wave. This is recited in Patent (‘429) as a primary waveguide having a first end and a second end, the first end including an acoustic sensor, and the second end including a port opened to a local area, wherein the primary waveguide is configured to direct airflow from the local area that includes sound pressure waves from a sound source and turbulent pressure waves; wherein the sound pressure waves and a first portion of the turbulent pressure waves are detected by the acoustic sensor…
The instant application recites a manifold coupled to the primary waveguide and configured to vent at least a portion of the turbulent pressure wave away from the acoustic sensor. This is recited in Patent (‘429) as a manifold including one or more secondary waveguides coupled to a portion of the primary waveguide between the first end and the second end, wherein the secondary waveguides have openings to the local area, configured to direct a second portion of turbulent pressure waves away from the acoustic sensor, and these second portion of the turbulent pressure waves is larger than the first portion of the turbulent pressure waves
Claims 3, 13 and 18 of the instant application recites …wherein the manifold comprises a secondary waveguide coupled to an internal opening of the primary waveguide which is recited in Claims 10 and 11 of Patent (‘429) as … wherein the one or more secondary waveguides of the manifold each include a first segment and a second segment; wherein the first segment of each secondary waveguide of the manifold further comprises: a first end, wherein the first end is coupled to an internal opening of the primary waveguide; and a second end, wherein the second end is coupled to an opening of the second segment of the secondary waveguide.
Claim 12 of the instant application is directed to a method of reducing noise in the headset recited in Claim 2 with steps of receiving, venting and capturing airflow as recited in Claim 2 above which mirror Claim 9 of Patent (‘429).
Claim 17 of the instant application is directed to a device that mirrors Claim 2 of the instant application with the exception of the fact that Claim 17 of the instant application is a generic device and not a headset. Additionally, the device recited in Claim 17 of the instant application does not recite an acoustic sensor as an element but recites that the primary waveguide couples to an acoustic sensor.
Allowable Subject Matter
Claims 5, 14 and 21 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Darlington (2013/0343564 A1), Caron et al (6,931,143 B2) and Rabe (5,890,072). Each of these describes system and methods for incorporating acoustic sensors in audio devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHARYE POPE whose telephone number is (571)270-5587. The examiner can normally be reached Monday - Friday 8AM - 4PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KHARYE POPE
Primary Examiner
Art Unit 2693
/KHARYE POPE/Primary Examiner, Art Unit 2693
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