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 .
Miscellaneous
Claims pending: 1-20
Claims amended: n/a
Claims cancelled: n/a
New claims: n/a
Double Patenting
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321 (b).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-20 of U.S. Patent No. 12375753 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
Application claim(s) 1, (8, 15, similarly) claim a computer-implemented method comprising: determining, by at least one computer processor, that a media redirection hardware adapter is connected to a port of a host device, wherein audio is received and transmitted through a wireless interface of the media redirection hardware adapter; intercepting audio content from an audio source directed to the host device, wherein the audio content comprises a first set of one or more audio channels; converting the audio content from a first proprietary audio content format of a first manufacturer to a second proprietary audio content format of a second manufacturer; separating the converted audio content into a second set of two or more audio channels including both a first channel for a first speaker and a second channel for a second speaker; determining positional audio, from the converted audio content, for both the first speaker with a first position in a location and the second speaker with a second position in the location; and providing the positional audio, from the converted audio content, to the first speaker over the first channel and to the second speaker over the second channel; On the other hand, Patent No. 12375753 Claim(s) 1, (8, 15 similarly), claims a computer-implemented method comprising: determining, by at least one computer processor, that a media redirection hardware adapter is connected to a port of a host device, wherein audio is received and transmitted through a wireless interface of the media redirection hardware adapter; intercepting audio content from an audio source directed to the host device, wherein the audio content comprises a first set of one or more audio channels; converting the audio content from a first proprietary audio content format of a first manufacturer to a second proprietary audio content format of a second manufacturer; separating the converted audio content into a second set of two or more audio channels including both a first channel for a first speaker and a second channel for a second speaker, wherein the second set of two or more audio channels includes more audio channels than the first set of one or more audio channels; determining positional audio, from the converted audio content, for both the first speaker with a first position in a location and the second speaker with a second position in the location; and providing the positional audio, from the converted audio content, to the first speaker over the first channel and to the second speaker over the second channel. For that reason, Application's Claim(s) 1, 8, 15 and Patented Claim(s) 1, 8, 15 are not patentably distinct from each other, and is therefore an obvious variant thereof.
Claim(s) 1, 8, 15 of the instant application is fully encompassed by the patented claims 1,8, 15. Allowance of application claims 1, 8 and 15 would result in an unjustified time- wise extension of the monopoly granted for the invention defined by patented claim(s) 1, 8, 15.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-20 of U.S. Patent No. 11356729 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
Application claim(s) 1, (8, 15, similarly) claim a computer-implemented method comprising: determining, by at least one computer processor, that a media redirection hardware adapter is connected to a port of a host device, wherein audio is received and transmitted through a wireless interface of the media redirection hardware adapter; intercepting audio content from an audio source directed to the host device, wherein the audio content comprises a first set of one or more audio channels; converting the audio content from a first proprietary audio content format of a first manufacturer to a second proprietary audio content format of a second manufacturer; separating the converted audio content into a second set of two or more audio channels including both a first channel for a first speaker and a second channel for a second speaker; determining positional audio, from the converted audio content, for both the first speaker with a first position in a location and the second speaker with a second position in the location; and providing the positional audio, from the converted audio content, to the first speaker over the first channel and to the second speaker over the second channel; On the other hand, Patent No. 11356729, claim(s) 1, 8, similarly claim: a system, comprising: a memory; and at least one processor coupled to the memory and configured to perform operations comprising: connecting, using a media redirection hardware adapter comprising a processor and a memory, a first speaker at a first position in a location, a second speaker at a second position in the location, and a mobile device; receiving audio content from an audio source, wherein the received audio content comprises a first set of one or more audio channels; separating the received audio content into a second set of two or more audio channels including both a first channel for the first speaker and a second channel for the second speaker, wherein the second set of two or more audio channels includes more audio channels than the first set of one or more audio channels; determining positional audio, from the received audio content, for both the first speaker and the second speaker based on the first position and the second position in the location; and providing the positional audio, from the received audio content, to the first speaker over the first channel and to the second speaker over the second channel... For that reason, Application's Claim(s) 1, 8, 15 and Patented Claim(s) 1, 8 are not patentably distinct from each other, and is therefore an obvious variant thereof.
Claims 1-20 of the instant application is/are fully encompassed by the combination of Claims 1-20 of Patent No. 11356729.
Allowance of application claims 1-20 would result in an unjustified time- wise extension of the monopoly granted for the invention defined by patented claim(s) 1-20 Patent No. 11356729.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-16, of U.S. Patent No. 11924505 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
Application claim(s) 1, (8, 15, similarly) claim a computer-implemented method comprising: determining, by at least one computer processor, that a media redirection hardware adapter is connected to a port of a host device, wherein audio is received and transmitted through a wireless interface of the media redirection hardware adapter; intercepting audio content from an audio source directed to the host device, wherein the audio content comprises a first set of one or more audio channels; converting the audio content from a first proprietary audio content format of a first manufacturer to a second proprietary audio content format of a second manufacturer; separating the converted audio content into a second set of two or more audio channels including both a first channel for a first speaker and a second channel for a second speaker; determining positional audio, from the converted audio content, for both the first speaker with a first position in a location and the second speaker with a second position in the location; and providing the positional audio, from the converted audio content, to the first speaker over the first channel and to the second speaker over the second channel; On the other hand, Patent No. 11924505, Claim(s) 1, 7, 12, similarly claim: A method comprising: determining that a media redirection hardware adapter is connected to an audio port of a host device, wherein the media redirection hardware adapter is configured to use power provided by the host device through the audio port, and wherein audio is received and transmitted exclusively through a wireless interface of the media redirection hardware adapter; intercepting audio content from an audio source directed to the host device, wherein the audio content comprises a first set of one or more audio channels; converting the audio content from a first proprietary audio content format of a first manufacturer to a second proprietary audio content format of a second manufacturer; separating the converted audio content into a second set of two or more audio channels including both a first channel for a first speaker and a second channel for a second speaker, wherein the second set of two or more audio channels includes more audio channels than the first set of one or more audio channels; determining positional audio, from the converted audio content, for both the first speaker with a first position in a location and the second speaker with a second position in the location; and providing the positional audio, from the converted audio content, to the first speaker over the first channel and to the second speaker over the second channel.... For that reason, Application's Claim(s) 1, 8, 15 and Patented Claim(s) 1, 7, 12, are not patentably distinct from each other, and is therefore an obvious variant thereof.
Claims 1-20 of the instant application is/are fully encompassed by the combination of Claims 1-16, of Patent No. 11924505.
Allowance of application claims 1-20 would result in an unjustified time- wise extension of the monopoly granted for the invention defined by patented claim(s) 1-16 Patent No. 11924505.
Therefore, obviousness-type double patenting is appropriate.
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Allowable Subject Matter
Claims 1-20 can be allowed, if the double patent rejection can be overcome.
The following is an examiner’s statement of reasons for allowance: Claim(s) 1, 8, 15, (and their respective dependent claims) is/are allowable. Claim(s) 1, 2-7, 9-14, 16-20 comprise a unique combination of elements that are not taught or suggested by the art of record when considering the claims as a whole. Specifically with regard to a system, which determine that a media redirection hardware adapter is connected to a port of a host device, wherein audio is received and transmitted through a wireless interface of the media redirection hardware adapter; intercepting audio content from an audio source directed to the host device, wherein the audio content comprises a first set of one or more audio channels; converting the audio content from a first proprietary audio content format of a first manufacturer to a second proprietary audio content format of a second manufacturer; separating the converted audio content into a second set of two or more audio channels including both a first channel for a first speaker and a second channel for a second speaker; determining positional audio, from the converted audio content, for both the first speaker with a first position in a location and the second speaker with a second position in the location; and providing the positional audio, from the converted audio content, to the first speaker over the first channel and to the second speaker over the second channel.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONG LE whose telephone number is (571)270-7637. The examiner can normally be reached M-F (9 am - 6pm).
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/RONG LE/ Primary Examiner, Art Unit 2421
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