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 .
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 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 20 of U.S. Patent No. 11,900,012. Although the claims at issue are not identical, they are not patentably distinct from each other because each set of claims recites similar claim elements and limitations.
The claims are compared below:
Present claim 1
Claim 1 of 11,900,012
A method performed by at least one programmed processor of a first electronic device, the method comprising:
receiving a microphone signal; determining whether a second electronic device has stopped playing back audio content through a loudspeaker based on the microphone signal;
and responsive to determining that the second electronic device has stopped playing back the audio content, causing a speaker of a headset to play back the audio content.
A method performed by an electronic device, the method comprising:
identifying audio content captured by a microphone of the electronic device, the audio content output by an audio playback device via a loudspeaker;
and in response to determining that the audio playback device has ceased outputting the audio content, retrieving an audio signal that corresponds to the audio content; and driving a speaker that is not part of the audio playback device using the audio signal to continue outputting the audio content.
Present claim 8
Claim 20 of 11,900,012
A first electronic device comprising: at least one processor; and memory having instructions which when executed by the at least one processor causes the first electronic device to:
receive a microphone signal; determine whether a second electronic device has stopped playing back audio content through a loudspeaker based on the microphone signal;
and responsive to a determination that the second electronic device has stopped playing back the audio content, cause a speaker of a headset to play back the audio content.
A audio system comprising a processor; and memory having instructions which when executed by the processor causes the audio system to
receive a microphone signal that includes audio content output by an audio playback device via a loudspeaker; perform an acoustic signal analysis upon the microphone signal to identify the audio content;
and in response to determining that the audio playback device has ceased outputting the audio content, continue to output the audio content via a speaker.
Present claim 15
Claim 20 of 11,900,012
A non-transitory machine-readable medium having instructions which when executed by at least one processor of a first electronic device causes the first electronic device to:
receive a microphone signal; determine whether a second electronic device has stopped playing back audio content through a loudspeaker based on the microphone signal;
and responsive to determining that the second electronic device has stopped playing back the audio content, cause a speaker of a headset to play back the audio content.
A audio system comprising a processor; and memory having instructions which when executed by the processor causes the audio system to
receive a microphone signal that includes audio content output by an audio playback device via a loudspeaker; perform an acoustic signal analysis upon the microphone signal to identify the audio content;
and in response to determining that the audio playback device has ceased outputting the audio content, continue to output the audio content via a speaker.
Allowable Subject Matter
Claims 2-7, 9-14 and 16-20 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW SASINOWSKI whose telephone number is (571)270-5883. The examiner can normally be reached 7am - 4pm, Mon.-Fri. EST.
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/ANDREW SASINOWSKI/Primary Examiner, Art Unit 2625
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