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 .
DETAILED ACTION
Introduction
This action responds to preliminary amendment filed on 03-17-2025. claims 2-12 and 15-19 have been canceled. Claims 1 and 13 -14 are pending.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim1 of prior U.S. Patent No. US PAT. 12,176,868. This is a statutory double patenting rejection.
.
Instant Application No. 19/001,274
US PAT. 12,176,868
1. (Original) A calibration circuit for an audio amplification system, comprising:
a tone generator configured to provide a tone having a frequency to an input path of an audio amplifier, such that an input signal provided to the audio amplifier includes the tone;
a first sampling circuit configured to sample an output signal at an output node of the audio amplifier;
a second sampling circuit configured to sample the input signal at an input node of the audio amplifier; and
a gain adjustment circuit configured to generate a correction signal based on the sampled output signal and the sampled input signal to correct for a gain variation of the audio amplifier.
A calibration circuit for an audio amplification system, comprising:
a tone generator configured to provide a tone having a frequency to an input path of an audio amplifier, such that an input signal provided to the audio amplifier includes the tone; a first sampling circuit configured to sample an output signal at an output node of the audio amplifier;
a second sampling circuit configured to sample the input signal at an input node of the audio amplifier; and
a gain adjustment circuit configured to generate a correction signal based on the sampled output signal and the sampled input signal to correct for a gain variation of the audio amplifier.
5. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
6. Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,176,868. Although the claims at issue are not identical, they are not patentably distinct from each other because, the current (19/001,274 ) claim limitations are broader than claims 1-16 of U.S. Patent No. 12,176,868 as shown in the table below.
Instant Application No. 19/001,274
US PAT. 12,176,868
13. (Original) A method for calibrating an audio amplification system, the method comprising :injecting a tone having a frequency to an input path of an audio amplifier, such that an input signal provided to the audio amplifier includes the tone signal; sampling an output signal at an output node of the audio amplifier; sampling the input signal at an input node of the audio amplifier; and generating a correction signal based on the sampled output signal and the sampled input signal to correct for a gain variation of the audio amplifier.
13. An audio amplification system comprising: a digital audio path configured to provide a digital signal; an audio amplifier configured to receive the digital signal as an input signal and generate an output signal; and a calibration circuit including a tone generator configured to inject a tone having a frequency to the digital audio path, such that the input signal includes the tone, the calibration circuit further including a first sampling circuit configured to sample the output signal at an output node of the audio amplifier, and a second sampling circuit configured to sample the input signal at an input node of the audio amplifier, the calibration circuit further including a gain adjustment circuit configured to generate a correction signal based on the sampled output signal and the sampled input signal to correct for a gain variation of the audio amplifier.
7. Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,176,868. Although the claims at issue are not identical, they are not patentably distinct from each other because, the current (19/001,274 ) claim limitations are broader than claims 1-16 of U.S. Patent No. 12,176,868 as shown in the table below.
Instant Application No. 19/001,274
US PAT. 12,176,868
14. (Original) An audio amplification system comprising: a digital audio path configured to provide a digital signal; an audio amplifier configured to receive the digital signal as an input signal and generate an output signal; and a calibration circuit including a tone generator configured to inject a tone having a frequency to the digital audio path, such that the input signal includes the tone, the calibration circuit further including a first sampling circuit configured to sample the output signal at an output node of the audio amplifier, and a second sampling circuit configured to sample the input signal at an input node of the audio amplifier, the calibration circuit further including a gain adjustment circuit configured to generate a correction signal based on the sampled output signal and the sampled input signal to correct for a gain variation of the audio amplifier.
14. A wireless device comprising: an antenna for receiving a wireless signal; a digital audio path configured to provide a digital signal representative of the wireless signal; an audio amplifier configured to receive the digital signal as an input signal and generate an output signal; and a calibration circuit including a tone generator configured to inject a tone having a frequency to the digital audio path, such that the input signal includes the tone, the calibration circuit further including a first sampling circuit configured to sample the output signal at an output node of the audio amplifier, and a second sampling circuit configured to sample the input signal at an input node of the audio amplifier, the calibration circuit further including a gain adjustment circuit configured to generate a correction signal based on the sampled output signal and the sampled input signal to correct for a gain variation of the audio amplifier.
Claim Rejections - 35 USC § 102
8. 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.
9. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
10. Claims 13 and 14 are rejected under 35 U.S.C. 102a (1) as being anticipated by Apfel (US 2012/0288119).
Consider Claim 13, Apfel teaches a method for calibrating an audio amplification system(see figs. 1-3 and paragraphs[0011]-[0014]), the method comprising:
Injecting(see fig. 3) a tone having a frequency to an input path of an audio amplifier, such that an input signal(see fig. 3(110)) provided to the audio amplifier includes the tone signal;
sampling (see fig. 3(300)) an output signal at an output node of the audio amplifier;
sampling the input signal (see fig. 3(110))) at an input node of the audio amplifier; and generating a correction signal based on the sampled output signal and the sampled input signal to correct for a gain variation of the audio amplifier(see figs. 1-4 and paragraphs[0025]-[0038]).
Consider Claim 14, Apfel teaches an audio amplification system(see fig. 1) comprising: a digital audio path configured to provide a digital signal(see figs. 1-3 and paragraphs[0011]-[0014]);
an audio amplifier(see fig. 3) configured to receive the digital signal as an input signal(see fig. 3(110)) and generate an output signal(see fig. 3(226)); and
a calibration circuit (see fig. 3(300)) including a tone generator configured to inject a tone having a frequency to the digital audio path, such that the input signal includes the tone, the calibration circuit further including a first sampling circuit (see fig. 3(102)) configured to sample the output signal at an output node of the audio amplifier, and
a second sampling circuit(see fig. 3(110))) configured to sample the input signal at an input node of the audio amplifier, the calibration circuit further including a gain adjustment circuit configured to generate a correction signal based on the sampled output signal and the sampled input signal to correct for a gain variation of the audio amplifier(see figs. 1-4 and paragraphs[0025]-[0038]).
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Lermer (US 2018/0124542) is cited to show other CIRCUITS, DEVICES AND METHODS RELATED TO AUDIO AMPLIFIERS HAVING GAIN CALIBRATION.
12. Any response to this action should be mailed to:
Mail Stop ____(explanation, e.g., Amendment or After-final, etc.)
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
Facsimile responses should be faxed to:
(571) 273-8300
Hand-delivered responses should be brought to:
Customer Service Window
Randolph Building
401 Dulany Street
Alexandria, VA 22314
Any inquiry concerning this communication or earlier communications from the examiner
should be directed to Lao,Lun-See whose telephone number is (571) 272-7501 The examiner
can normally be reached on Monday-Friday from 8:00 to 5:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Nguyen Duc M, can be reached on (571) 272-7503.
Any inquiry of a general nature or relating to the status of this application or proceeding
should be directed to the Technology Center 2600 whose telephone number is (571) 272-2600.
/LUN-SEE LAO/Primary Examiner,
Art Unit 2651 Patent Examiner
US Patent and Trademark Office
Knox
571-272-7501
Date 08-13-2026
Prosecution Insights