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
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 and 11, all prior art fail to teach or suggest, alone or in combination, the recited ear-wearable device and method. 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.
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Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,302,084. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 12,302,084 recites “An ear-wearable device, comprising: a persistent memory storing a plurality of neural network data objects each defining a respective neural network; a classifier that classifies an ambient environment of a digitized sound signal into one of a plurality of classifications … selects one of the neural network data objects to enhance the digitized sound signal … signal being reproduced via a receiver of the ear-wearable device”, and claim 1 of the present application recites “An ear-wearable device, comprising: a persistent memory storing a plurality of neural network data objects each defining a respective neural network; a digital signal processor comprising a neural network processor, the digital signal processor operable to: classify an ambient environment of a sound signal into one of a plurality of classifications; select one of the neural network data objects to enhance the sound signal based on the classification; load neural network data from the selected neural network data objects into a memory, wherein the neural network processor enhances the sound signal using the neural network data; and an audio processing circuit that reproduces the enhanced sound signal via a receiver of the ear-wearable device”.
U.S. Patent 12,302,084
An ear-wearable device, comprising: a persistent memory storing a plurality of neural network data objects each defining a respective neural network; a classifier that classifies an ambient environment of a digitized sound signal into one of a plurality of classifications …
Application 19/173,381
An ear-wearable device, comprising: a persistent memory storing a plurality of neural network data objects each defining a respective neural network; a digital signal processor comprising a neural network processor, the digital signal processor operable to: classify an ambient environment of a sound signal into one of a plurality of classifications …
U.S. Patent 12,302,084
… selects one of the neural network data objects to enhance the digitized sound signal …
Application 19/173,381
… select one of the neural network data objects to enhance the sound signal based on the classification …
U.S. Patent 12,302,084
… signal being reproduced via a receiver of the ear-wearable device …
Application 19/173,381
… and an audio processing circuit that reproduces the enhanced sound signal via a receiver of the ear-wearable device
Claim 11 recites similar limitations as claim 1, therefore, claims 11-20 are also rejected under the nonstatutory double patenting rejection as claim 1 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Patel et al. (US Patent Application, Pub. No.: US 2021/0266655 A1) teach a headset configuration management. Kulkarni et al. (US Patent Application, Pub. No.: US 2021/0312943 A1) teach a method and apparatus for target sound detection.
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.
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/THJUAN K ADDY/Primary Examiner, Art Unit 2693
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