Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Detailed Action
Claims 1-29 are presenting for examination.
non-statutory double patenting rejection
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 1-29 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-8, 10-11, 13-29 of U.S. Patent No. 12,401,720. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent 720 anticipates the claimed invention as been shown in the table below.
19/298,297
12,401,720
1. A device comprising: multiple microphones configured to improve far-field audio reception, for capturing first human voice data; a Wireless Local Area Network (WLAN) transceiver for transmitting digital data to, and for receiving digital data from, a WLAN; a speaker for sounding audio data; one or more processors programmed with computer program instructions; and an enclosure that houses the multiple microphones, the WLAN transceiver, the one or more processors, and the speaker, wherein the computer program instructions, when executed, cause the device to: send, to a server device over the Internet via the WLAN by the WLAN transceiver, at least part of the first human voice data captured by the multiple microphones; and play, by the speaker, an audio data received from the server device over the Internet via the WLAN by the WLAN transceiver, wherein the device is addressed in the WLAN using an Internet Protocol (IP) address that uniquely identifies the device in the WLAN or in the Internet, wherein the speaker comprises an electromagnetic loudspeaker or a piezoelectric speaker, and wherein each of the multiple microphones comprises a condenser microphone, an electret microphone, a dynamic microphone, a ribbon microphone, a carbon microphone, or a piezoelectric microphone.
2. The device according to claim 1, further comprising, in the enclosure, an electric light source for emitting light.
3. The device according to claim 2, wherein the computer program instructions, when executed, further cause the device to emit visible light, by the electric light source, in response to data received from the server device over the Internet via the WLAN by the WLAN transceiver.
1. A device comprising: multiple microphones for capturing first human voice data; a Wireless Local Area Network (WLAN) transceiver for transmitting digital data to, and for receiving digital data from, a WLAN; a speaker for sounding audio data; an electric light source for emitting light for emitting light; an enclosure that houses the multiple microphones, the WLAN transceiver, the speaker, and the electric light source; and one or more processors programmed with computer program instructions that, when executed, cause the device to: send, to a server device over the Internet via the WLAN by the WLAN transceiver, at least part of the first human voice data captured by the multiple microphones; play, by the speaker, an audio data received from the server device over the Internet via the WLAN by the WLAN transceiver; and emit, by the electric light source, in response to data received from the server over the Internet via the WLAN by the WLAN transceiver, wherein the device is addressed in the WLAN using an Internet Protocol (IP) address that uniquely identifies the device in the WLAN or in the Internet.
7. The device according to claim 1, wherein the speaker comprises an electromagnetic loudspeaker, a piezoelectric speaker, an electrostatic loudspeaker (ESL), a ribbon or planar magnetic loudspeaker, or a bending wave loudspeaker.
4. The device according to claim 2, wherein the light for illumination or indication.
13. The device according to claim 1, wherein the light is a visible light for illumination or indication.
5. The device according to claim 2, wherein the light is a non-visible light that is infrared, ultraviolet, X-rays, or gamma rays.
14. The device according to claim 1, wherein the light is a non-visible light that is infrared, ultraviolet, X-rays, or gamma rays
6. The device according to claim 2, wherein the electric light source consists of, or comprises, a Solid-State Lighting (SSL), a Light Emitting Diode (LED), an Organic LED (OLED), a polymer LED (PLED), or a laser diode.
15. The device according to claim 1, wherein the electric light source consists of, or comprises, a Solid-State Lighting (SSL), a Light Emitting Diode (LED), an Organic LED (OLED), a polymer LED (PLED), or a laser diode
7. The device according to claim 1, further comprising, in the enclosure, a rechargeable battery for powering the device.
2. The device according to claim 1, further comprising, in the enclosure, a rechargeable battery for powering the device.
8. The device according to claim 1, wherein the enclosure is a wearable enclosure.
3. The device according to claim 1, wherein the enclosure is a wearable enclosure.
9. The device according to claim 1, further being addressable by the IP address using distinct locally administered addresses or a universally administered digital addresses.
4. The device according to claim 1, further being addressable using the IP address in the WLAN or in the Internet using distinct locally administered addresses or a universally administered digital addresses.
10. The device according to claim 1, further comprising a volatile or non-volatile memory that stores the IP address.
6. The device according to claim 1, further comprising a volatile or non-volatile memory that stores the IP address.
11. The device according to claim 10, wherein the IP address is a layer 3 address and is static or dynamic IP address that is IPv4 or IPv6 type address.
5. The device according to claim 4, wherein the IP address is a layer 3 address and is static or dynamic IP address that is IPv4 or IPv6 type address.
12. The device according to claim 1, wherein the speaker is operative for omnidirectional, unidirectional, or bidirectional pattern audio emitting.
8. The device according to claim 1, wherein the speaker is operative for omnidirectional, unidirectional, or bidirectional pattern audio emitting.
13. The device according to claim 1, wherein the multiple microphones are arranged as a directional microphones array operative to estimate a number, magnitude, frequency, Direction- Of-Arrival (DOA), distance, or speed of a phenomenon impinging the microphones array.
10. The device according to claim 9, wherein the multiple microphones are arranged as a directional microphones array operative to estimate a number, magnitude, frequency, Direction-Of-Arrival (DOA), distance, or speed of a phenomenon impinging the microphones array.
14. The device according to claim 1, wherein each of the multiple microphones comprises, or consists of, an omnidirectional, unidirectional, or bidirectional microphone.
15. The device according to claim 1, wherein each of the multiple microphones is based on sensing of an incident sound-based motion of a diaphragm or a ribbon.
11. The device according to claim 1, wherein each of the multiple microphones comprises, or consists of, an omnidirectional, unidirectional, or bidirectional microphone that is based on sensing of an incident sound-based motion of a diaphragm or a ribbon.
16. The device according to claim 1, further comprising a memory that stores digital audio content, and the one or more processors are further programmed with computer program instructions that, when executed, cause the device to playing by the speaker the stored digital audio content.
16. The device according to claim 1, further comprising a memory that stores digital audio content, and the one or more processors are further programmed with computer program instructions that, when executed, cause the device to playing by the speaker the stored digital audio content
17. The device according to claim 16, wherein the digital audio content is pre-recorded or synthesized audio content.
17. The device according to claim 16, wherein the digital audio content is pre-recorded or synthesized audio content.
18. The device according to claim 16, further operative to play a simulating of a voice of a human being or to play music.
18. The device according to claim 16, further operative to play a simulating of a voice of a human being or to play music.
19. The device according to claim 18, wherein the digital audio content comprises a syllable, a word, a phrase, a sentence, a short story, or a long story, using male or female voice.
19. The device according to claim 18, wherein the digital audio content comprises a syllable, a word, a phrase, a sentence, a short story, or a long story, using male or female voice.
20. The device according to claim 1, wherein the WLAN is according to, or compatible with, IEEE 802.11-2012, IEEE 802.11a, IEEE 802.11b, IEEE 802.11g, IEEE 802.11n, or IEEE 802.11ac standard.
20. The device according to claim 1, wherein the WLAN is according to, or compatible with, IEEE 802.11-2012, IEEE 802.11a, IEEE 802.11b, IEEE 802.11g, IEEE 802.11n, or IEEE 802.11ac standard.
21. The device according to claim 1, wherein the WLAN uses a wireless communication over a licensed or an unlicensed radio frequency band, that is an Industrial, Scientific and Medical (ISM) radio band.
21. The device according to claim 1, wherein the WLAN uses a wireless communication over a licensed or an unlicensed radio frequency band, that is an Industrial, Scientific and Medical (ISM) radio band.
22. The device according to claim 1, wherein the enclosure is a handheld enclosure.
22. The device according to claim 1, wherein the enclosure is a handheld enclosure.
23. The device according to claim 1, further comprising in the enclosure an actuator that is directly or indirectly affecting, changing, producing, or creating a physical phenomenon, the actuator that is coupled to the WLAN transceiver for being activated or controlled in response to data received from the WLAN.
23. The device according to claim 1, further comprising in the enclosure an actuator that is directly or indirectly affecting, changing, producing, or creating a physical phenomenon, the actuator that is coupled to the WLAN transceiver for being activated or controlled in response to data received from the WLAN.
24. The device according to claim 23, wherein the actuator consists of, or comprises, a motion actuator that causes linear or rotary motion.
24. The device according to claim 23, wherein the actuator consists of, or comprises, a motion actuator that causes linear or rotary motion.
25. The device according to claim 23, wherein the actuator consists of, or comprises, an electromagnetic coil or an electromagnet operative for generating a magnetic or electric field.
25. The device according to claim 23, wherein the actuator consists of, or comprises, an electromagnetic coil or an electromagnet operative for generating a magnetic or electric field.
26. The device according to claim 23, wherein the actuator consists of, or comprises, an electrical signal generator.
26. The device according to claim 23, wherein the actuator consists of, or comprises, an electrical signal generator.
27. The device according to claim 23, wherein the actuator consists of, or comprises, a chemical or an electrochemical actuator that is configured for producing, changing, or affecting a matter structure, properties, composition, process, or reactions.
27. The device according to claim 23, wherein the actuator consists of, or comprises, a chemical or an electrochemical actuator that is configured for producing, changing, or affecting a matter structure, properties, composition, process, or reactions.
28. The device according to claim 23, wherein the actuator consists of, or comprises, a thermoelectric actuator that is a heater or a cooler and is configured for affecting a temperature of a solid, a liquid, or a gas object, by conduction, convection, force convention, thermal radiation, or by transfer of energy by phase changes.
28. The device according to claim 23, wherein the actuator consists of, or comprises, a thermoelectric actuator that is a heater or a cooler and is configured for affecting a temperature of a solid, a liquid, or a gas object, by conduction, convection, force convention, thermal radiation, or by transfer of energy by phase changes.
29. The device according to claim 23, wherein the physical phenomenon comprises temperature, humidity, pressure, audio, vibration, light, motion, sound, proximity, flow rate, electrical voltage, or electrical current.
29. The device according to claim 23, wherein the physical phenomenon comprises temperature, humidity, pressure, audio, vibration, light, motion, sound, proximity, flow rate, electrical voltage, or electrical current.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Moustafa M Meky whose telephone number is (571)272-4005. The examiner can normally be reached Monday-Friday 9AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ario Etienne can be reached at 571-272-4001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
MOUSTAFA M. MEKY
Primary Patent Examiner
Art Unit 2457
/MOUSTAFA M MEKY/Primary Examiner, Art Unit 2457
0914/2026
Prosecution Insights