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 .
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-4, 8, 10-11, 15 and 17-18 of U.S. Patent No. 11,804,815 and claims 1-20 of U.S. Patent No. 12,292,342. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is anticipated by the cited patent.
Instant Application
11,804,815
12,294,342
1. A method, comprising: subtracting a frequency response from a target frequency response of one or more speakers; determining target zero crossings and derivative zeros of a frequency-limited target filter based on the subtracting; and applying an infinite impulse response (IIR) biquad filter based on an area of a curve defined by the frequency-limited target filter to equalize the frequency response.
1. A method, comprising: determining a frequency response to a measured chirp signal detected from one or more speakers; determining an average value of the frequency response based on a high limit value and a low limit value; subtracting a measured frequency response from the one or more speakers from a target response, wherein the target response is based on one or more filter frequencies; determining a frequency limited target filter with audible parameters based on the subtraction; and applying an infinite impulse response (IIR) biquad filter based on an area defined by the frequency limited target filter to equalize the frequency response of the one or more speakers.
3. The method of claim 1, wherein the target response is based on the one or more frequencies associated with one or more biquad filters.
4. The method of claim 3, wherein the determining the target filter based on the target response comprises determining target zero crossings and target filter derivative zeros.
1. A method, comprising: determining a frequency response to a signal from one or more speakers; subtracting the frequency response from a target frequency response of the one or more speakers; determining a frequency-limited target filter based on the subtracting; determining target zero crossings and derivative zeros of the frequency-limited target filter; and applying an infinite impulse response (IIR) biquad filter to equalize the frequency response, wherein the IIR biquad filter is based on an area of a curve defined by the frequency-limited target filter.
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8. An apparatus, comprising: a processor that, when executing one or more instructions stored in a memory, is configured to: subtract a frequency response from a target frequency response of one or more speakers; determine target zero crossings and derivative zeros of a frequency-limited target filter based on the subtracting; and apply an infinite impulse response (IIR) biquad filter based on an area of a curve defined by the frequency-limited target filter to equalize the frequency response.
8. An apparatus, comprising: a processor configured to determine a frequency response to a measured chirp signal detected from one or more speakers; determine an average value of the frequency response based on a high limit value and a low limit value; subtract a measured frequency response from the one or more speakers from a target response, wherein the target response is based on one or more filter frequencies; determine a frequency limited target filter with audible parameters based on the subtraction; and apply an infinite impulse response (IIR) biquad filter based on an area defined by the frequency limited target filter to equalize the frequency response of the one or more speakers.
10. The apparatus of claim 8, wherein the target response is based on the one or more frequencies associated with one or more biquad filters.
11. The apparatus of claim 10, wherein the target filter is determined based on the target response by the processor being configured to determine target zero crossings and target filter derivative zeros.
7. An apparatus, comprising: a processor that, when executing one or more instructions stored in a memory, is configured to: determine a frequency response to a signal from one or more speakers; subtract the frequency response from a target frequency response of the one or more speakers; determine a frequency-limited target filter based on the frequency response being subtracted from the target frequency response; determine target zero crossings and derivative zeros of the frequency-limited target filter; and apply an infinite impulse response (IIR) biquad filter to equalize the frequency response, wherein the IIR biquad filter is based on an area of a curve defined by the frequency-limited target filter.
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15. A non-transitory computer-readable storage medium configured to store instructions that, when executed by a processor, cause the processor to perform: subtracting a frequency response from a target frequency response of one or more speakers; determining target zero crossings and derivative zeros of a frequency-limited target filter based on the subtracting; and applying an infinite impulse response (IIR) biquad filter based on an area of a curve defined by the frequency-limited target filter to equalize the frequency response.
15. A non-transitory computer readable storage medium configured to store instructions that when executed cause a processor to perform: determining a frequency response to a measured chirp signal detected from one or more speakers; determining an average value of the frequency response based on a high limit value and a low limit value; subtracting a measured frequency response from the one or more speakers from a target response, wherein the target response is based on one or more filter frequencies; determining a frequency limited target filter with audible parameters based on the subtraction; and applying an infinite impulse response (IIR) biquad filter based on an area defined by the frequency limited target filter to equalize the frequency response of the one or more speakers.
17. The non-transitory computer readable storage medium of claim 15, wherein the target response is based on the one or more frequencies associated with one or more biquad filters.
18. The non-transitory computer readable storage medium of claim 17, wherein the determining the target filter based on the target response comprises determining target zero crossings and target filter derivative zeros.
13. A non-transitory computer-readable storage medium configured to store instructions that, when executed by a processor, cause the processor to perform: determining a frequency response to a signal from one or more speakers subtracting the frequency response from a target frequency response of the one or more speakers; determining a frequency-limited target filter based on the subtracting; determining target zero crossings and derivative zeros of the frequency-limited target filter; and applying an infinite impulse response (IIR) biquad filter to equalize the frequency response, wherein the IIR biquad filter is based on an area of a curve defined by the frequency-limited target filter.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES K MOONEY whose telephone number is (571)272-2412. The examiner can normally be reached Monday-Friday, 9:00 AM -5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at 5712727848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES K MOONEY/Primary Examiner, Art Unit 2695
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