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 .
Allowable Subject Matter
1.The following is a statement of reasons for the indication of allowable subject matter: Claims 1-20 would be allowable if it overcome the double patenting rejection.
Double Patenting
2. 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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of co-pending application No. (18541583). Although the conflicting claims are not identical, they are not patentably distinct from each other because they both claims similar methods and comprise almost identical steps (See claim below for comparison).
Both the current application and the co-pending patent application claims similar methods of: determining a first value in a frequency spectrum of an audio sample; determining one or more points in the frequency spectrum, wherein the one or more points comprise at least one of: (a) an amplitude value within an amplitude threshold of the first value, (b) a frequency value within a frequency threshold of the first value; or (c) a phase value within a phase threshold of the first value; generating a contour trace, wherein the contour trace includes at least one of the determined first value and the determined one or more points. The current application is distinct and broader than the co-pending application, since the current application not specifically disclose “determining if the contour trace represents an outlier” in the claims (See claims below for comparison).
Application No. 19002859
1. A non-transitory computer readable storage medium comprising computer readable instructions which, when executed, cause one or more processors to perform a set of operations comprising: determining a first value in a frequency spectrum of an audio sample; determining one or more points in the frequency spectrum, wherein the one or more points comprise at least one of: (a) an amplitude value within an amplitude threshold of the first value, (b) a frequency value within a frequency threshold of the first value; or (c) a phase value within a phase threshold of the first value; generating a contour trace, wherein the contour trace includes at least
one of the determined first value and the determined one or more points; and in response to generating the contour trace, modifying the audio sample.
Co-pending application 18541583
1. A non-transitory computer readable storage medium comprising computer readable instructions which, when executed, cause one or more processors to perform a set of operations comprising: determining a first value in a frequency spectrum of an audio sample; determining one or more points in the frequency spectrum, wherein the one or more points comprise at least one of: (a) an amplitude value within an amplitude threshold of the first value, (b) a frequency value within a frequency threshold of the first value; or (c) a phase value within a phase threshold of the first value; generating a contour trace, wherein the contour trace includes at least
one of the determined first value and the determined one or more points; and determining if the contour trace represents an outlier.
Application No. 19002859
15. A computer-implemented method comprising: determining a first value in a frequency spectrum of an audio sample; determining one or more points in the frequency spectrum, wherein the one or more points comprise at least one of: (a) an amplitude value within an
amplitude threshold of the first value, (b) a frequency value within a frequency threshold of the first value; or (c) a phase value within a phase threshold of the first value; generating a contour trace, wherein the contour trace includes at least one of the determined first value and the determined one or more points; and in response to generating the contour trace, modifying the audio sample.
Co-pending application 18541583
11. A computer-implemented method comprising: determining a first value in a frequency spectrum of an audio sample; determining one or more points in the frequency spectrum, wherein the one or more points comprise at least one of: (a) an amplitude value within an
amplitude threshold of the first value, (b) a frequency value within a frequency threshold of the first value; or (c) a phase value within a phase threshold of the first value; generating a contour trace, wherein the contour trace includes at least one of the determined first value and the determined one or more points; and determining if the contour trace represents an outlier.
Application No. 19002859
20. A computing device comprising: one or more processors; and a non-transitory computer readable storage medium comprising computer readable instructions which, when executed, cause the one or more processors to perform a set of operations comprising: determining a first value in a frequency spectrum of an audio sample; determining one or more points in the frequency spectrum, wherein the one or more points comprise at least one of: (a) an amplitude value within an amplitude threshold of the first value, (b) a frequency value within a frequency threshold of the first value; or (c) a phase value within a phase threshold of the first value; generating a contour trace, wherein the contour trace includes at least one of the determined first value and the determined one or more points; and in response to generating the contour trace, modifying the audio sample.
Co-pending application 18541583
20.A computing device comprising: one or more processors; and a non-transitory computer readable storage medium comprising computer readable instructions which, when executed, cause the one or more processors to perform a set of operations comprising: determining a first value in a frequency spectrum of an audio sample; determining one or more points in the frequency spectrum, wherein the one or more points comprise at least one of: (a) an amplitude value within an amplitude threshold of the first value, (b) a frequency value within a frequency threshold of the first value; or (c) a phase value within a phase threshold of the first value;
generating a contour trace, wherein the contour trace includes at least one of the determined first value and the determined one or more points; and determining if the contour trace represents an outlier.
Application No. 19002859
3. The non-transitory computer readable storage medium of claim 2, wherein the contour trace includes at least one of the determined first amplitude value and the determined one or more points.
Co-pending application 18541583
3.The non-transitory computer readable storage medium of claim 2, wherein the contour trace includes at least one of the determined first amplitude value and the determined one or more points.
The subject matter claimed in the instant application is fully disclosed in the co-pending application 18/541,583 and is covered by the instant application since the instant application and the co-pending application are claiming common subject matter, as follows:
The claimed invention in the instant application is fully disclosed in the co-pending application and it is broader than the claimed invention in the co-pending application (18541583). No new invention or new improvement is being claimed in the instant application. Applicant is now attempting to claim broadly that which had been previously described in more detail in the claims of the patent (In re Van Ornum, 214 USPQ 761 CCPA 1982).
Furthermore, there is no apparent reason why Applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSEF K LAEKEMARIAM whose telephone number is (571)270-5149. The examiner can normally be reached 9:30-6:30 M-F.
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YOSEF K. LAEKEMARIAM
Primary Examiner
Art Unit 2651
/YOSEF K LAEKEMARIAM/Primary Examiner, Art Unit 2691
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