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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on April 04, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 23 and 42 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beaucoup (US 2014/0119552 A1).
As to claim 23, Beaucoup discloses an audio system [100 on FIG. 1] comprising:
a first audio amplifier [102 on FIG. 1] configured to receive a first input audio signal and to drive a first speaker with a first amplified audio signal, and to provide a first signal for echo cancellation which is indicative of the first amplified audio signal [“The audio amplifier received audio signals to locate the loudspeakers and provide echo canceller signals (EC1, EC2).” §0017and 0028];
a second audio amplifier [202 on FIG. 3] configured to receive a second input audio signal and to drive a second speaker with a second amplified audio signal, and to generate a second signal for echo cancellation which is indicative of the second audio amplified audio signal [“The audio amplifier received audio signals to locate the loudspeakers and provide echo canceller signals (EC1, EC2).” §0022 and 0028];
a first combiner [Combiner device] configured to receive the first signal for echo cancellation and the second signal for echo cancellation signal and to combine them into a first combined signal for echo cancellation [“Process the audio signals, the first signals and the second signals to remove the echo from the signals and output the echo signals (EC1 and EC2) to a combiner device which subtracts the echo from the microphone sounds.” FIG. 10 and §0028].
As to claim 42, Beaucoup discloses an audio system [100 on FIG. 1] comprising a plurality of audio amplifiers [102 on FIG. 1] and a combiner [Combiner device], wherein the combiner is configured to receive a signal for echo cancellation [EC1 and EC2] from each of at least two of the plurality of audio amplifiers, wherein each signal for echo cancellation is indicative of an amplified output from the respective audio amplifier [FIG.10], and the combiner is configured to combine the received signals for echo cancellation into a first combined signal for echo cancellation [“Process the audio signals, the first signals and the second signals to remove the echo from the signals and output the echo signals (EC1 and EC2) to a combiner device which subtracts the echo from the microphone sounds.” FIG. 10 and §0028].
Allowable Subject Matter
Claim 38-41 are allowed.
Claims 24-37 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 23-42 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,301,769 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because at least one claim of the instant application is being taught by the claims of the U.S. Patent.
Patented claim 1 recites an audio system which perform the feature of outputting the combined signal, wherein the combined signal comprises the signal for echo cancellation.
The pending claim 42 recites an audio system which perform the similar feature of the combiner is configured to combine the received signals for echo cancellation into a first combined signal for echo cancellation.
Patented claim 1 anticipated claim 42.
Pending claims
Patented claims
42. An audio system comprising a plurality of audio amplifiers and a combiner, wherein the combiner is configured to receive a signal for echo cancellation from each of at least two of the plurality of audio amplifiers, wherein each signal for echo cancellation is indicative of an amplified output from the respective audio amplifier, and the combiner is configured to combine the received signals for echo cancellation into a first combined signal for echo cancellation.
1. An audio system comprising: an amplifier configured to output a first amplified audio signal to a speaker, wherein the audio system is configured to transmit a signal for echo cancellation, and wherein the signal for echo cancellation is based on the orientation of the speaker; and a combiner configured to: receive the first amplified audio signal from the amplifier; receive a second audio signal; combine the first amplified audio signal and second audio signal into a combined signal; and output the combined signal, wherein the combined signal comprises the signal for echo cancellation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Sereshki et al. (US 2020/0043460 A1) discloses a playback device is configured to receive, via a network interface, a source stream of audio including first and second channel streams of audio, and to produce, via respective first and second speaker drivers, a first channel audio output and a second channel audio output.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERALD GAUTHIER whose telephone number is (571)272-7539. The examiner can normally be reached 8:00 AM to 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CAROLYN R EDWARDS can be reached at (571) 270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GERALD GAUTHIER/Primary Examiner, Art Unit 2692
July 29, 2026
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