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
Claims 1-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The invention as claimed is not disclosed nor rendered obvious in view of any prior art. As to independent claims 1, 9, and 17, all prior art fail to teach or suggest, alone or in combination, the recited method, system, and non-transitory computer-readable medium. However, claims 1-20 are currently rejected under a nonstatutory double patenting rejection. A response is respectfully requested of Applicant.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,231,869. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 12,231,869 recites “A method comprising: presenting, by a client device, a view of a virtual conference hosted by a virtual conference provider, the virtual conference including a plurality of participants, the client device associated with a participant of the plurality of participants, the view including a plurality of groupings of participants within a virtual conference area … receiving, at the client device from the conference provider, one or more audio streams associated with one or more audio sources within the plurality of groupings … generating a plurality of spatialized audio streams based on the first location of the first audio source, the location of the participant, and a first audio stream associated with the first audio source; and outputting the spatialized audio streams”, and claim 1 of the present application recites “A method comprising: presenting, by a client device, a view of a virtual conference hosted by a virtual conference provider, the virtual conference including a plurality of participants, the client device associated with a first participant of the plurality of participants, the view including a plurality of groupings of participants within a virtual conference area; receiving, at the client device from the conference provider, a first audio stream associated with a first grouping of the plurality of groupings; generating a spatialized audio stream based on the first audio stream, a location associated with the first audio stream, and a location of the first participant in the virtual conference area; and outputting the spatialized audio stream”.
U.S. Patent 12,231,869
A method comprising: presenting, by a client device, a view of a virtual conference hosted by a virtual conference provider, the virtual conference including a plurality of participants, the client device associated with a participant of the plurality of participants, the view including a plurality of groupings of participants within a virtual conference area …
Application 19/054,356
A method comprising: presenting, by a client device, a view of a virtual conference hosted by a virtual conference provider, the virtual conference including a plurality of participants, the client device associated with a first participant of the plurality of participants, the view including a plurality of groupings of participants within a virtual conference area …
U.S. Patent 12,231,869
… receiving, at the client device from the conference provider, one or more audio streams associated with one or more audio sources within the plurality of groupings …
Application 19/054,356
.. receiving, at the client device from the conference provider, a first audio stream associated with a first grouping of the plurality of groupings …
U.S. Patent 12,231,869
… generating a plurality of spatialized audio streams based on the first location of the first audio source, the location of the participant, and a first audio stream associated with the first audio source; and outputting the spatialized audio streams
Application 19/054,356
… generating a spatialized audio stream based on the first audio stream, a location associated with the first audio stream, and a location of the first participant in the virtual conference area; and outputting the spatialized audio stream
Independent claims 9 and 17 recited similar limitations as claim 1, therefore, claims 9, 17, and their corresponding dependent claims are currently rejected under the same nonstatutory double patenting rejection for the same reasons as claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jones et al. (US Patent Application, Pub. No.: US Page 4 2011/0271192) teach managing conference sessions via a conference user interface. Springer (US Patent Application, Pub. No.: US 2023/0133265 A1) teaches remotely adjusting audio capture during video conferences. Farina et al. (US Patent 11,671,272) teach app pinning for video conferences.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THJUAN KNOWLIN ADDY whose telephone number is (571)272-7486. The examiner can normally be reached 8:30AM - 5:00PM Mon-Fri.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at (571) 272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THJUAN K ADDY/Primary Examiner, Art Unit 2693
Prosecution Insights