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 claims at issue 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 reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No. US 11,570,546.
Claims 1-20 of the instant application are anticipated by patent claims 1-20 in that claims 1-20 of the patent contains all the limitations of claims 1-20 of the instant application. Claims 1-20 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No. US 12,207,050.
Claims 1-20 of the instant application are anticipated by patent claims 1-20 in that claims 1-20 of the patent contains all the limitations of claims 1-20 of the instant application. Claims 1-20 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
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, 3-6, 16 and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Asuncion, US 2018/0084339.
Regarding claim 1, Asuncion discloses an image capture device, comprising:
a housing comprising an audio depression disposed on the housing (figures 2a-2b, paragraph 20-22)
a drainage microphone coupled to the housing at the audio depression and configured to capture audio (paragraph 18-19);
a cover extending over the audio depression (paragraph 20-22);
a drainage channel formed between the audio depression and the cover with the drainage channel (figures) comprising:
a channel entrance on a first side of the cover that allows liquids to enter between the audio depression and the cover and a channel exit on a second side of the cover that allows the liquid to exit from between the audio depression and the cover (paragraph 18 and 20-22); and
a second microphone located on a second side of the housing adjacent to the drainage microphone (paragraph 18-19).
Regarding claim 3, Asuncion discloses the image capture device of claim 1, further comprising: a waterproof membrane located within the audio depression and covering the drainage microphone (paragraph 18-19 20-22 and 61).
Regarding claim 4, Asuncion discloses the image capture device of claim 3, wherein the waterproof membrane prevents liquid from directly contacting the drainage microphone (paragraph 20-22).
Regarding claim 5, Asuncion discloses the image capture device of claim 3, further comprising: a compression gasket; and an acoustic sealing gasket located between the drainage microphone and the housing (paragraph 26).
Regarding claim 6, Asuncion discloses the image capture device of claim 1, further comprising: a channel volume located between the audio depression and the cover (figures).
Regarding claim 16, Asuncion discloses an image capture device comprising:
a housing defining an audio depression positioned on a first surface of the housing (figures 2a-2b, paragraph 20-22);
a drainage microphone coupled to the housing at a location of the audio depression, the drainage microphone configured to capture audio (paragraph 18-19);
a second microphone disposed on a second surface of the housing, wherein the second surface is adjacent to the first surface and is configured to capture the audio (paragraph 18-19);
a processor coupled with a memory storing instructions (figure 4) that when executed cause the processor to:
receive the captured audio from the drainage microphone, the second microphone, or both (paragraph 28); and
process the captured audio; and
a drainage channel defined in the housing to drain moisture from the audio depression (paragraph 18 and 20-22), the drainage channel comprising:
a channel entrance having a channel entrance width and a channel entrance height (paragraph 18 and 20-22), and
a channel exit having a channel exit width and a channel exit height (paragraph 18 and 20-22).
a cover extending over the audio depression (paragraph 20-22);
a drainage channel formed between the audio depression and the cover with the drainage channel (figures) comprising:
a channel entrance on a first side of the cover that allows liquids to enter between the audio depression and the cover and a channel exit on a second side of the cover that allows the liquid to exit from between the audio depression and the cover (paragraph 18 and 20-22); and
a second microphone located on a second side of the housing adjacent to the drainage microphone (paragraph 18-19) .
Regarding claim 18, Asuncion discloses the image capture device of claim 16, further comprising: a waterproof membrane located within the audio depression and covering the drainage microphone (Asuncion paragraph 18-19 20-22 and 61).
Regarding claim 19, Asuncion discloses the image capture device of claim 18, wherein the waterproof membrane prevents liquid from directly contacting the drainage microphone (Asuncion paragraph 18-19 20-22 and 61).
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 9-11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over the Asuncion, US 2018/0084339 in view of Tisch et al., US 9,807,530.
Regarding claim 9, Asuncion discloses an image capture device, comprising: a housing comprising:
an audio depression forming a recess within the housing (figures 1-3, paragraph 17-19);
a cover extending over the audio depression (paragraph 20-22); and
a drainage channel that extends between the audio depression of the housing and the cover, wherein the drainage channel extends between a channel entrance located along a top of the cover and a channel exit located along a bottom of the cover (paragraph 18 and 20-22);
a drainage microphone located adjacent to the audio depression, the drainage microphone configured to capture audio (paragraph 18 and 20-22); and
a processor coupled with a memory storing instructions (figure 4).
Asuncion is silent about apply a set of tuned beamforming parameters to the captured audio.
In an analogous art, Tisch discloses apply a set of tuned beamforming parameters to the captured audio (col. 7, lines 24-26).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Asuncion’s device with the teachings of Tisch. The motivation would have been to create stereo audio for the benefit of providing good quality of media.
Regarding claim 10, Asuncion and Tish disclose the image capture device of claim 9, further comprising: a waterproof membrane located within the audio depression and covering the drainage microphone (Asuncion paragraph 18-19 20-22 and 61).
Regarding claim 11, Asuncion and Tish disclose the image capture device of claim 10, wherein the waterproof membrane prevents liquid from directly contacting the drainage microphone (Asuncion paragraph 18-19 20-22 and 61).
Regarding claim 15, Asuncion and Tish disclose the image capture device of claim 9, further comprising: a channel volume located between the audio depression and the cover (Asuncion figures).
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OSCHTA I MONTOYA whose telephone number is (571)270-1192. The examiner can normally be reached on Monday-Friday 8 am - 5 pm.
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OM
Oschta Montoya
Patent Examiner
Art Unit 2421
/OSCHTA I MONTOYA/Primary Examiner, Art Unit 2421