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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12190889. Although the claims at issue are not identical, they are not patentably distinct from each other because for example both claims 1 in the patent and claim 21 in the instant application teaches {
obtaining, at a first device, transcript data of audio data, the transcript data including a transcription of the audio data and the transcript data being generated by a remote transcription system (reads on: obtaining, at a first device the transcript data including a transcription of the audio and the transcript data being generated by a remote transcription system); directing, to a second device, at least a first portion of the transcript data for presentation of the first portion of the transcript data by the second device (reads on: directing, to a second device, transcript data for presentation of the transcript data by the second device, the transcript data including a transcription of the audio and the transcript data being generated by a remote transcription system); and
directing, to a third device, at least a second portion of the transcript data for presentation of the second portion of the transcript data by the third device, wherein the first device, the second device, and the third device are separate devices that are located within a same structure (reads on: directing, to a third device, transcript data for presentation of the transcript data by the third device, wherein the first device, the second device, and the third device are separate devices and the third device is associated with the user and is located within the same structure).
Therefore, it would have been obvious to one with ordinary skill in the art to re-wording the claims to obtain the patent.
During search examiner found the following related arts:
Engelke (US 9955007) teaches provide captioning of audio communication (abstract), receiving audio from hearing device at server 32 in relay captioning service 16, obtain transcription of the audio at transcription system 34 and provide it to a remoe assisted user’s device to display the text on screen 28 and audio on the speakerphone 30 “which is part of the assisted user’s device 12 (Fig. 1 and also see Fig. 2).
Pan (US 9,191789) teaches (abstract: communication system including a caption device and a mobile device configured to engage in communication with each other. The caption device is configured to receive a text signal originating at a relay service, the text signal corresponding to a far-end voice signal originating at a far-end device. The caption device is configured to display text corresponding to the text signal on a display. The relay service is configured to receive the far-end voice signal, and transmit the text signal to the caption device. The mobile device is configured to receive the far-end voice signal, and transmit the far-end voice signal to the relay service. A method of facilitating a captioned conversation between a far-end user and a near-end user having a caption device includes establishing communication between a caption device and a mobile device, and between the caption device and a relay service).
Montero (US 20140267579) teaches (abstract: voice-capable relay service for providing translation services between an audibly-impaired user e.g. hearing-impaired user, of a video endpoint and an audibly-capable user of an audio endpoint. The relay service is engaged in video communication with the video endpoint and audio communication with the audio endpoint), Fig. 3A teaches 50] FIG. 3A illustrates a simplified block diagram illustrating a VRS configured for operation with an audibly impaired communication system and showing a calling process to an audibly-impaired user. The communication system 300 includes one or more audibly-impaired communication systems 392 (one system shown in FIG. 3 for clarity), one or more voice-capable communication systems (312 and 322) and a VRS 350 (also referred to herein as a relay service 350). [0051] The audibly-capable user 310, 320 may use voice-capable equipment 312, 322 to communicate with the VRS 350 through voice-capable connections 316, 326 to a voice-capable network 302. The audibly impaired user 390 may use the video-capable equipment 392 (also referred to herein as a video phone 392) to communicate with the VRS 350 through a video-capable network 370.
Cloran (US 20100063815) teaches (abstract: computing system accepts audio from one or more sources, parses the audio into chunks, and transcribes the chunks in substantially real time. Some transcription is performed automatically, while other transcription is performed by humans who listen to the audio and enter the words spoken and/or the intent of the caller (such as directions given to the system). The system provides for participants a user interface that is updated in substantially real time with the transcribed text from the audio stream(s) and Paragraph 11: 11] Generally, participants 110, 120, and 130 conduct the voice portion of a conference call using techniques that will be understood by those skilled in the art. While the call is in progress, using the techniques and technologies presented in this disclosure, the system presents a real-time transcription of the call. In this example embodiment, participant 110 uses a web browser 150 to access a webpage or other interface associated with the call. Browser 150, displaying that page, shows a list 152 of the participants 110, 120, and 130 in the call. Browser 150 also displays a transcript of the conference call in substantially real time, including the timestamp 154 for each chunk of audio from a particular speaker, speaker tag 156, and text that was spoken 158. This data is captured and/or generated in this embodiment by central system 140 as discussed herein, though other embodiments apply distributed or federated capture, processing, formatting, and display. As the conference call proceeds, timestamps 154, speaker tags 156, and transcript 158 scroll in browser 150 or otherwise accumulate as will occur to those skilled in the art).
Bravin (US 20060026001) teaches (abstract: method for a deaf party to communicate in a sign language by way of a video computing device to relay center having a sign language interpreter. A relay system receives a sign language input from the deaf party. Then, a spoken message is relayed to the hearing party that corresponds to the received sign language input. The relay system may also receive a spoken message from the hearing party. Then a sign language message is relayed to the deaf party corresponding to the spoken message via relay communication link, also see Fig. 4A.
None of the cited arts alone or in reasonable combination teaches (directing, to a third device, at least a second portion of the transcript data for presentation of the second portion of the transcript data by the third device, wherein the first device, the second device, and the third device are separate devices that are located within a same structure).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA EL-ZOOBI whose telephone number is (571)270-3434. The examiner can normally be reached Monday-Friday 7-4.
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/MARIA EL-ZOOBI/ Primary Examiner, Art Unit 2692
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