DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The application has been examined. Claims 1-15 are pending.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in Application No. CN 202310899986X, filed on 07/20/2023. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claims 5-8 in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“the data obtaining module configured to obtain…” in claim 5, line 3.
“the data forwarding module is configured to send…” in claim 5, line 5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Regarding claim 5, the claim limitations noted in the Claim Interpretation above invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed functions and to clearly link the structure, material, or acts to the functions. “module” is a non-structural term, and the Specification does not clearly link the claimed “data obtaining module” or “data forwarding module” to any intended structure. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Claims 6-8 are rejected as depending from claim 5 and under the same rationale.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 10, 14, and 15 recite computer-readable storage medium which is directed to non-statutory subject matter. The filed specification is silent and does not clearly define the “computer-readable storage medium”, therefore the computer-readable storage medium would encompass signal which is non-statutory subject matter.
Claim Rejections - 35 USC § 102
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 1-15 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Chen et al. (2023/0328203, hereinafter Chen).
Regarding claim 1, Chen discloses a bring your own device (BYOD) method, comprising:
obtaining network data, wherein the network data comprises multiplex audio data (Chen discloses that the connecting device 100 obtains the information of a name of a current speaker from the current speech message (audio data) and converts the current sound signal obtained by the cross-platform video conference into a current speech message according to a speech-to-text technology) (Chen, para. 33; Fig. 1) and multiplex video data (Chen discloses that the connecting device 100 can execute the connection method 300 between different video conference platforms through the network communication interface 130 and analyzes the display image (video data)) (Chen, para. 33; Fig. 1); and
sending the network data to a personal computer (PC) through one bulk endpoint based on a network protocol (Chen discloses that connecting device 100 obtains the video data captured by the camera located in the same conference space through a UVC/UAC protocol (network protocol) by the connecting device) (Chen, para. 39), and allowing the PC to write the audio data into various virtual USB audio class (UAC) devices and the video data into various virtual USB video class (UVC) devices, respectively (Chen discloses that the connecting device 100 (PC) can broadcast (write) the first and second video data of the first and second video conferences, respectively, to form one video conference through the first and second virtual UVC/UAC devices) (Chen, para. 32).
Regarding claim 2, Chen discloses the BYOD method according to claim 1, wherein the allowing the PC to write the audio data into various virtual UAC devices and the video data into various virtual UVC devices (Chen discloses that the connecting device 100 (PC) can broadcast (write) the first and second video data of the first and second video conferences, respectively, to form one video conference through the first and second virtual UVC/UAC devices) (Chen, para. 32), respectively specifically comprises:
parsing the network data to obtain a quantity of the audio data and a quantity of the video data (Chen discloses that the connecting device 100 can execute the connection method 300 between different video conference platforms through the network communication interface 130 and analyzes (parses) the display image) (Chen, para. 32);
based on the network protocol, creating a corresponding quantity of virtual UAC devices based on the quantity of the audio data, and creating a corresponding quantity of virtual UVC devices based on the quantity of the video data (Chen discloses that the connection method 200 between difference video conference platforms can be used to make N video conferences of different video conference platform connected, where connecting device(s) generates virtual UVC/UAC devices to join N video conferences via a web browser based on the N conference invitations from N different video conference platforms) (Chen, para. 31); and
writing the audio data into the virtual UAC devices and the video data into the virtual UVC devices, respectively (Chen discloses that the connecting device 100 may combine the information of the name of the current speaker and the current speaking message when the time point of obtaining the partial video conference screen marked and the time point of obtaining the current voice (audio) signal of the cross-platform video conference are the same, and broadcast the combined result to the instant messaging window of the first video conference and/or the second video conference for displaying) (Chen, para. 36).
Regarding claim 3, Chen discloses the BYOD method according to claim 1, wherein the obtaining network data specifically comprises:
receiving the network data through a wired or wireless network card (Chen discloses that the network communication interface 130may comprise a wireless communication interface and/or wired communication interface) (Chen, para. 21).
Regarding claim 4, Chen discloses the BYOD method according to claim 2, wherein after the writing the audio data into the virtual UAC devices and the video data into the virtual UVC devices, respectively, the BYOD method further comprises:
starting all the virtual UAC devices and all the virtual UVC devices through audio software and video software of the PC respectively (Chen discloses that the connecting device 100 can execute the connection method 300 between different video conference platforms (software) through the network communication interface 130 and analyzes the display image (video data)) (Chen, para. 33; Fig. 1); and
simultaneously playing the audio data and the video data in all the virtual UAC devices and all the virtual UVC devices (Chen discloses that the connecting device 100 can broadcast the first and second video data of the first and second video conferences, respectively, to form one video conference through the first and second virtual UVC/UAC devices) (Chen, para. 32).
Regarding claim 5, Chen discloses a BYOD device, comprising a data obtaining module and a data forwarding module,
wherein the data obtaining module is configured to obtain network data (Chen discloses that the connecting device 100 obtains the information of a name of a current speaker from the current speech message (audio data) and converts the current sound signal obtained by the cross-platform video conference into a current speech message according to a speech-to-text technology) (Chen, para. 33; Fig. 1), wherein the network data comprises multiplex audio data and multiplex video data (Chen discloses that the connecting device 100 can execute the connection method 300 between different video conference platforms through the network communication interface 130 and analyzes the display image (video data)) (Chen, para. 33; Fig. 1); and
the data forwarding module is configured to send the network data to a PC through one bulk endpoint based on a network protocol (Chen discloses that connecting device 100 obtains the video data captured by the camera located in the same conference space through a UVC/UAC protocol (network protocol) by the connecting device) (Chen, para. 39), and allow the PC to write the audio data into various virtual UAC devices and the video data into various virtual UVC devices, respectively (Chen discloses that the connecting device 100 (PC) can broadcast (write) the first and second video data of the first and second video conferences, respectively, to form one video conference through the first and second virtual UVC/UAC devices) (Chen, para. 32).
Regarding claim 6, Chen discloses the BYOD device according to claim 5, wherein the data forwarding module is specifically configured to:
parse the network data to obtain a quantity of the audio data and a quantity of the video data (Chen discloses that the connecting device 100 can execute the connection method 300 between different video conference platforms through the network communication interface 130 and analyzes (parses) the display image) (Chen, para. 32);
based on the network protocol, create a corresponding quantity of virtual UAC devices based on the quantity of the audio data, and create a corresponding quantity of virtual UVC devices based on the quantity of the video data (Chen discloses that the connection method 200 between difference video conference platforms can be used to make N video conferences of different video conference platform connected, where connecting device(s) generates virtual UVC/UAC devices to join N video conferences via a web browser based on the N conference invitations from N different video conference platforms) (Chen, para. 31); and
write the audio data into the virtual UAC devices and the video data into the virtual UVC devices, respectively (Chen discloses that the connecting device 100 may combine the information of the name of the current speaker and the current speaking message when the time point of obtaining the partial video conference screen marked and the time point of obtaining the current voice (audio) signal of the cross-platform video conference are the same, and broadcast the combined result to the instant messaging window of the first video conference and/or the second video conference for displaying) (Chen, para. 36).
Regarding claim 7, Chen discloses the BYOD device according to claim 5, wherein the data obtaining module is specifically configured to:
receive the network data through a wired or wireless network card (Chen discloses that the network communication interface 130may comprise a wireless communication interface and/or wired communication interface) (Chen, para. 21).
Regarding claim 8, Chen discloses the BYOD device according to claim 6, wherein the data forwarding module is further configured to:
start all the virtual UAC devices and all the virtual UVC devices through audio software and video software of the PC respectively (Chen discloses that the connecting device 100 can execute the connection method 300 between different video conference platforms (software) through the network communication interface 130 and analyzes the display image (video data)) (Chen, para. 33; Fig. 1); and
simultaneously play the audio data and the video data in all the virtual UAC devices and all the virtual UVC devices (Chen discloses that the connecting device 100 can broadcast the first and second video data of the first and second video conferences, respectively, to form one video conference through the first and second virtual UVC/UAC devices) (Chen, para. 32).
Regarding claim 9, Chen discloses a computer device, comprising a processor (Chen, para. 21), a communication interface (Chen, para. 21), and a memory (Chen, para. 21), wherein the processor, the communication interface, and the memory are connected to each other, the memory is configured to store executable program code, and the processor is configured to invoke the executable program code to execute the BYOD method according to claim 1 (See rationale of claim 1).
Regarding claim 10, Chen discloses a computer-readable storage medium (Chen, para. 21), wherein the computer-readable storage medium stores a computer instruction, and the computer instruction is executed by a processor (Chen, para. 21) to implement the BYOD method according to claim 1 (See rationale of claim 1).
Regarding claim 11, Chen discloses a computer device, comprising a processor (Chen, para. 21), a communication interface (Chen, para. 21), and a memory (Chen, para. 21), wherein the processor, the communication interface, and the memory are connected to each other, the memory is configured to store executable program code, and the processor is configured to invoke the executable program code to execute the BYOD method according to claim 2 (See rationale of claim 2).
Regarding claim 12, Chen discloses a computer device, comprising a processor (Chen, para. 21), a communication interface (Chen, para. 21), and a memory (Chen, para. 21), wherein the processor, the communication interface, and the memory are connected to each other, the memory is configured to store executable program code, and the processor is configured to invoke the executable program code to execute the BYOD method according to claim 3 (See rationale of claim 3).
Regarding claim 13, Chen discloses a computer device, comprising a processor (Chen, para. 21), a communication interface (Chen, para. 21), and a memory (Chen, para. 21), wherein the processor, the communication interface, and the memory are connected to each other, the memory is configured to store executable program code, and the processor is configured to invoke the executable program code to execute the BYOD method according to claim 4 (See rationale of claim 4).
Regarding claim 14, Chen discloses a computer-readable storage medium (Chen, para. 21), wherein the computer-readable storage medium stores a computer instruction, and the computer instruction is executed by a processor (Chen, para. 21) to implement the BYOD method according to claim 2 (See rationale of claim 2).
Regarding claim 15, Chen discloses a computer-readable storage medium (Chen, para. 21), wherein the computer-readable storage medium stores a computer instruction, and the computer instruction is executed by a processor (Chen, para. 21) to implement the BYOD method according to claim 3 (See rationale of claim 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW WOO whose telephone number is (571)270-7521. The examiner can normally be reached Telework 9:00AM-6:00PM | IFP M-F 9:00AM-6:00PM.
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/ANDREW WOO/Examiner, Art Unit 2441
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