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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).
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Claim1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 8-16, 18-20 of U.S. Patent No. 12,250,492. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present application.
Patent No.12,250,492
Application No.19/046,117
Claim1 recites a method comprising: receiving a request to record audio at a first device;
determining whether a second device is playing audio in a vicinity of the first device; and in response to determining the second device is playing audio in the vicinity of the first device, performing the request to record audio at the first device, and, for a duration of the recording of the first device, at least one of muting of an audio output device operatively connected to the second device, or interrupting of play of content on the second device.
Claim1 recites a method comprising: receiving a request to record audio at one or more devices;
determining that the one or more devices are playing audio;
and based at least in part on the determining that the one or more devices are playing the audio: (a) recording the audio at the one or more devices, and (b) performing, for the duration of the recording, at least one of: (i) muting an audio output device operatively connected to the one or more devices, or (ii) interrupting the audio playing on the one or more devices.
Claim2 recites the method of claim 1, comprising:
in response to determining the first device is no longer recording the audio,
unmuting the audio output device operatively connected to the second device,
or resuming play of the content on the second device.
Claim2 recites the method of claim 1, comprising:
based at least in part on determining that the one or more devices are no longer recording the audio:
unmuting the audio output device
operatively connected to the one or more
devices,
or (b) resuming the audio playing on the one or more devices.
Claim3 recites the method of claim 1, wherein the determining whether the second device is playing audio in the vicinity of the first device includes determining whether the second device is both playing and recording in the vicinity of the first device;
and in response to determining the second device is both playing and recording in the vicinity of the first device, pausing, for a duration of the recording of the second device, the request to record at the first device.
Claim3 recites the method of claim 1, wherein the determining that the one or more devices are playing the audio comprises determining that the one or more devices are both playing and recording;
and based at least in part on the determining that the one or more devices are both playing and recording, pausing, for the duration of the recording of the one or more devices, the request to record at the one or more devices.
Claim4 recites the method of claim 3, comprising:
in response to determining the second device is no longer both playing and recording, performing the request to record audio at the first device.
Claim4 recites the method of claim 3, comprising:
based at least in part on the determining the one or more devices are no longer both playing and recording, performing the request to record the audio at the one or more devices.
Claim5 recites the method of claim 1, wherein the determining whether the second device is playing audio in the vicinity of the first device is performed by a content direction device operatively connected to the first device and the second device.
Claim5 recites the method of claim 1, wherein the determining that the one or more devices are playing the audio is performed by a content direction device operatively connected to the one or
more devices.
Claim6 recites the method of claim 5,
wherein the content direction device is wirelessly connected to the first device, the audio output device, and the second device.
Claim6 recites the method of claim 5, wherein the content direction device is configured to:
wirelessly connect to the one or more devices and the audio output device, and
control the playback and recording of content across the one or more devices and the audio output device in a shared environment
Claim1 recites…;
interrupting of play of content on the second device.
Claim7 recites he method of claim 1, wherein the interrupting the audio playing on the one or more devices comprises stopping or pausing the audio
Claim8 recites the method of claim 1, wherein the audio output device is not a part of the first device or the second device.
Claim8 recites the method of claim 1, wherein the audio output device is separate from the one or more device.
Claim9 recites the method of claim 1, wherein the first device and the second device are positioned within a vehicle.
Claim9 recites the method of claim 1, wherein the one or more devices are positioned within a vehicle.
Claim10 recites the method of claim 1, wherein the first device and the second device are positioned within a building.
Claim10 recites the method of claim 1, wherein the one or more devices are positioned within a building.
Claim11 recites a system comprising: circuitry configured to:
receive a request to record audio at a first device;
determine whether a second device is playing audio in a vicinity of the first device; and in response to determining the second device is playing audio in the vicinity of the first device,
perform the request to record audio at the first device,
and, for a duration of the recording of the first device, at least one of mute of an audio output device operatively connected to the second device, or
interrupt of play of content on the second device.
Claim11 recites a system comprising circuitry configured to:
receive a request to record audio at one or more devices;
determine that the one or more devices are playing audio;
and based at least in part on the determining that the one or more devices are playing the
audio:
(a) record the audio at the one or more devices, and
(b) perform, for the duration of the recording, at least one of:
(i) mute an audio output device operatively connected to the one or more
devices, or
(ii) interrupt the audio playing on the one or more devices.
Claim12 recites the system of claim 11, wherein the circuitry is configured to:
in response to determining the first device is no longer recording the audio,
unmute the audio output device operatively connected to the second device, or
resume play of the content on the second device.
Claim12 recites the system of claim 11, wherein the circuitry is configured to:
based at least in part on determining that the one or more devices are no longer recording
the audio:
(a) unmute the audio output device operatively connected to the one or more
devices, or
(b) resume the audio playing on the one or more devices.
Claim13 recites the system of claim 11, wherein the determining whether the second device is playing audio in the vicinity of the first device includes determining whether the second device is both playing and recording in the vicinity of the first device; and the circuitry is configured to:
in response to determining the second device is both playing and recording in the vicinity of the first device, pause, for a duration of the recording of the second device, the request to record at the first device.
Claim13 recites the system of claim 11, wherein the determining that the one or more devices are playing the audio comprises determining that the one or more devices are both playing and recording;
and the circuitry is configured to:
based at least in part on the determining that the one or more devices arc both playing and
recording, pause, for the duration of the recording of the one or more devices, the request to record at the one or more devices.
Claim14 recites the system of claim 13, wherein the circuitry is configured to:
in response to determining the second device is no longer both playing and recording, perform the request to record audio at the first device.
Claim14 recites the system of claim 13, wherein the circuitry is configured to:
based at least in part on the determining the one or more devices are no longer both
playing and recording, perform the request to record the audio at the one or more devices.
Claim15 recites the system of claim 11, wherein the determining whether the second device is playing audio in the vicinity of the first device is performed by a content direction device operatively connected to the first device and the second device.
Claim15 recites the system of claim 11, wherein the determining that the one or more devices are playing the audio is performed by a content direction device operatively connected to the one or
more devices.
Claim16 recites the system of claim 15,
wherein the content direction device is wirelessly connected to the first device, the audio output device, and the second device.
Claim16 recites the system of claim 15, wherein the content direction device is configured to:
wirelessly connect to the one or more devices and the audio output device, and control the playback and recording of content across the one or more devices and the audio output device in a shared environment.
Claim11 recites…;
interrupting of play of content on the second device.
Claim17 recites the system of claim 11, wherein the circuitry configured to interrupt the audio playing on the one or more devices is configured to stop or pause the audio.
Claim18 recites the system of claim 11, wherein the audio output device is not a part of the first device or the second device.
Claim18 recites the system of claim 11, wherein the audio output device is separate from the one or more devices.
Claim19 recites the system of claim 11, wherein the first device and the second device are positioned within a vehicle.
Claim19 recites the system of claim 11, wherein the one or more devices are positioned within a vehicle.
Claim20 recites the system of claim 11, wherein the first device and the second device are positioned within a building.
Claim20 recites the system of claim 11, wherein the one or more devices are positioned within a building.
Claims 1, 9-11, 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims1, 9-11, 19-20 of U.S. Patent No. 11,641,444. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present application.
Patent No.11,641,444
Application No.19/046,117
Claim1 recites a method comprising: identifying a first device; identifying a second device;
determining whether content is being played from the first device or the second device;
initiating a recording with the first device or the second device; and in response to the initiating, performing, at least one of: muting an input device of the first device or the second device,
interrupting an output device of the first device or the second device, muting the output device of the first device or the second device, or pausing the output device of the first device or the second device.
Claim1 recites a method comprising: receiving a request to record audio at one or more devices;
determining that the one or more devices are playing audio;
and based at least in part on the determining that the one or more devices are playing the audio: (a) recording the audio at the one or more devices,
and (b) performing, for the duration of the recording, at least one of: (i) muting an audio output device operatively connected to the one or more devices, or
(ii) interrupting the audio playing on the one or more devices.
Claim9 recites the method of claim 1, wherein the first device and the second device are positioned within a vehicle.
Claim9 recites the method of claim 1, wherein the one or more devices are positioned within a vehicle.
Claim10 recites the method of claim 1, wherein the first device and the second device are positioned within a building.
Claim10 recites the method of claim 1, wherein the one or more devices are positioned within a building.
Claim11 recites a system comprising: a storage device; and control circuitry configured to: identify a first device; identify a second device;
determine whether content is being played from the first device or the second device;
initiate recording with the first device or the second device; and in response to the initiating, perform, at least one of:
mute an input device of the first device or
the second device, interrupt an output device of the first device or the second device, mute the output device of the first device or the second device, or pause the output device of the first device or the second device.
Claim11 recites a system comprising circuitry configured to:
receive a request to record audio at one or more devices;
determine that the one or more devices are playing audio;
and based at least in part on the determining that the one or more devices are playing the
audio:
(a) record the audio at the one or more devices, and
(b) perform, for the duration of the recording, at least one of:
(i) mute an audio output device operatively
connected to the one or more devices, or
(ii) interrupt the audio playing on the one or more devices.
Claim19 recites the system of claim 11, wherein the first device and the second device are positioned within a vehicle.
Claim19 recites the system of claim 11, wherein the one or more devices are positioned within a vehicle.
Claim20 recites the system of claim 11, wherein the first device and the second device are positioned within a building.
Claim20 recites the system of claim 11, wherein the one or more devices are positioned within a building.
Claims 1, 9-11, 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims1, 9-11, 19-20 of U.S. Patent No. 11,190,727 Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present application.
Patent No.11,190,727
Application No.19/046,117
Claim1 recites a method comprising: identifying a first device configured for playing content; identifying a plurality of second devices in proximity of the first device configured for playing content;
determining whether content is being played from the first device or the second device of the plurality of second devices;
initiating recording of a video with one of the first device or the second device of the plurality of second devices; and in response to initiating, performing, one of muting a microphone of the first device or second device performing recording, or interrupting the playing of content of the first device or second device, or muting the playing of content of the first device or the second device.
Claim1 recites a method comprising: receiving a request to record audio at one or more devices;
determining that the one or more devices are playing audio;
and based at least in part on the determining that the one or more devices are playing the audio: (a) recording the audio at the one or more devices, and (b) performing, for the duration of the recording, at least one of: (i) muting an audio output device operatively connected to the one or more devices, or (ii) interrupting the audio playing on the one or more devices.
Claim9 recites the method of claim 1, wherein the first device and the second device are positioned within a vehicle.
Claim9 recites the method of claim 1, wherein the one or more devices are positioned within a vehicle.
Claim10 recites the method of claim 1, wherein the first device and the second device are positioned within a building.
Claim10 recites the method of claim 1, wherein the one or more devices are positioned within a building.
Claim11 recites a system comprising: circuitry configured to:
receive a request to record audio at a first device;
determine whether a second device is playing audio in a vicinity of the first device; and in response to determining the second device is playing audio in the vicinity of the first device,
perform the request to record audio at the first device,
and, for a duration of the recording of the first device, at least one of mute of an audio output device operatively connected to the second device, or
interrupt of play of content on the second device.
Claim11 recites a system comprising circuitry configured to:
receive a request to record audio at one or more devices;
determine that the one or more devices are playing audio;
and based at least in part on the determining that the one or more devices are playing the
audio:
(a) record the audio at the one or more devices, and
(b) perform, for the duration of the recording, at least one of:
(i) mute an audio output device operatively connected to the one or more
devices, or
(ii) interrupt the audio playing on the one or more devices.
Claim19 recites the system of claim 11, wherein the first device and the second device are positioned within a vehicle.
Claim19 recites the system of claim 11, wherein the one or more devices are positioned within a vehicle.
Claim20 recites the system of claim 11, wherein the first device and the second device are positioned within a building.
Claim20 recites the system of claim 11, wherein the one or more devices are positioned within a building.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIRUMSEW WENDMAGEGN whose telephone number is (571)270-1118. The examiner can normally be reached 9:00-7:00 PM.
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GIRUMSEW WENDMAGEGN
Primary Examiner
Art Unit 2484
/GIRUMSEW WENDMAGEGN/Primary Examiner, Art Unit 2484