DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is responsive to the Request for Continued Examination filed on 04/28/2026.
Claims 1-10, 12, 14, 21-28 and 30-33 are pending in the case.
Claims 11, 13, 15-20 and 29 have been cancelled.
Claim 33 has been added.
Claims 1, 8 and 21 are independent claims.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/28/2026 has been entered.
Claim Rejections - 35 USC § 103
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 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 7, 8, 12, 25, 17, 28 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 2010/0257475 A1, published 10/07/2010, hereinafter “Smith”) in view of Liston et al. (US 2018/0189076 A1, effectively filed on 09/13/2017, hereinafter “Liston”).
Independent Claim 1:
Smith discloses a method comprising:
receiving first information indicative of an audio input received at a user device that is configured to control at least one other device (The system can receive a voice command from a first input device, Smith: Fig. 5, [0052]. The input device can be a microphone, Smith: ¶ [0013], [0025]. The voice commands controls the graphical user interface generated on the display (other device), Smith: ¶ [0053].);
receiving second information indicating whether the user device is either a hands free device that is configured to be operated by human voice or a device that is configured to be operated using one or more buttons on the device for causing control of the at least one other device (Examiner considers this limitation to provide alternatives to what the second information indicates. As such, only one of the alternatives need to be taught by Smith (See MPEP § 2131 “When a claim covers several structures or compositions, either generically or as alternatives, the claim is deemed anticipated if any of the structures or compositions within the scope of the claim is known in the prior art." Brown v. 3M, 265 F.3d 1349, 1351, 60 USPQ2d 1375, 1376 (Fed. Cir. 2001).). However, for the purpose of compact prosecution, Examiner will address both alternatives as if they were each required. The interface can be adapted based on the type of input device used, Smith: ¶ [0053]-[0055]. As presented above, Smith indicates that the input type can be a voice command and the input device can be a microphone or the input device can be a remote controller with buttons, Smith: ¶ [0013], [0025], [0052]-[0056]. Although it is not explicitly stated, Smith implies that the system is provided with some sort of indication of the type of input device being used or else the system could not accurately choose the user interface that corresponds to the type of input device that provided the input.);
selecting, based on the second information, a user interface, from a plurality of user interfaces, for output on the at least one other device, wherein a first one of the plurality of user interfaces is configured to be navigated using one or more voice commands when a user device is a hands free device that is configured to be operated by human voice, and a second one of the plurality of user interfaces is configured to be navigated using one or more buttons when a user device is a device that is configured to be operated using one or more buttons on the user device (This limitation comprises contingent limitations in a method claim and only one of said limitations requires to be performed, as such, under broadest reasonable interpretation the prior art only needs to teach one of the limitations (See MPEP § 2111.04(II). However, for the purpose of compact prosecution, Examiner will address both contingent limitations as if they were each required. Smith teaches that a user interface configured for voice command can be selected when a voice command input device is being used and that a user interface configured for a remote control with buttons can be selected when the remote control input device is being used, Smith: ¶ [0052]-[0056]); and
causing output of the selected user interface on the at least one other device (The selected user interface is outputted onto the display (at least one other device), Smith: Figs. 4 and 5, Smith: ¶ [0052]-[0056]. The display can be a single display, Smith: ¶ [0043]-[0044].).
Smith does not appear to expressly teach a method wherein the second user interface is configured to be navigated using a combination of one or more voice commands and one or more buttons.
However, Liston teaches a method wherein the second user interface is configured to be navigated using a combination of one or more voice commands and one or more buttons (Liston: Figs. 13 and 14, ¶ [0203]-[0205], [0302]).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Smith wherein the second user interface is configured to be navigated using a combination of one or more voice commands and one or more buttons, as taught by Liston.
One would have been motivated to make such a combination in order to provide a more effective means for adapting the user interface to various types of remote controllers (Liston: Fig. 4, ¶ [0006], [0302].).
Claim 2:
The rejection of claim 1 is incorporated. Smith in view of Liston teaches a method wherein each of the plurality of user interfaces is associated with a user device that is configured to receive audio inputs (There is a user interface for a microphone that receives voice input and there is a user interface for a remote controller that comprises buttons and voice input capability, Smith: ¶ [0013], [0052]-[0056]; Liston: Fig. 4, ¶ [0203], [0302].).
Claim 3:
The rejection of claim 1 is incorporated. Smith further discloses a method wherein the second information indicates that the user device is a hands free device that is configured to be operated by human voice, and wherein the selecting the user interface, from a plurality of user interfaces, for output on the at least one other device comprises selecting the first one of the plurality of user interfaces that is configured to be navigated using one or more voice commands (Smith teaches that a user interface configured for voice command can be selected when a voice command input device is being used, Smith: ¶ [0052]-[0056]. Although it is not explicitly stated, Smith implies that the system is provided with some sort of indication of the type of input device being used or else the system could not accurately choose the user interface that corresponds to the type of input device that provided the input.).
Claim 4:
The rejection of claim 1 is incorporated. Smith further teaches a method wherein the second information indicates that the user device is configured to be operated using a combination of human voice and one or more buttons on the device for causing control of the at least one other device and wherein selecting the user interface, from a plurality of user interfaces, for output on the at least one other device comprises selecting the second one of the plurality of user interfaces that is configured to be navigated using a combination of human voice and one or more buttons (Liston: Figs. 13 and 14, ¶ [0203]-[0205], [0302]).
Claim 7:
The rejection of claim 1 is incorporated. Smith does not appear to explicitly teach a method wherein the audio input is a voice command for accessing a list of content offered by a service provider.
However, Liston teaches a method wherein the audio input is a voice command for accessing a list of content offered by a service provider (The user can provide an audio input to open the Netflix application, Liston: ¶ [0302]. Although it is not explicitly taught, one of ordinary skill in the art would know that the Netflix application provides the user with access to a list of content offered by Netflix (service provider).).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Smith wherein the audio input is a voice command for accessing a list of content offered by a service provider, as taught by Liston.
One would have been motivated to make such a combination in order to improve the user’s experience by providing straight forward commands for accessing a list of content (Liston: ¶ [0302]; Smith: ¶ [0021].).
Independent Claim 8:
Smith discloses a method comprising:
receiving first information indicative of an audio input received at a user device that is configured to control at least one other device (The system can receive a voice command from a first input device, Smith: Fig. 5, [0052]. The input device can be a microphone, Smith: ¶ [0013], [0025]. The voice commands controls the graphical user interface generated on the display (other device), Smith: ¶ [0053].);
receiving an indication of the user device (The interface can be adapted based on the type of input device used, Smith: ¶ [0053]-[0055]. As presented above, Smith indicates that the input type can be a voice command and the input device can be a microphone, Smith: ¶ [0013], [0025], [0052]. Although it is not explicitly stated, Smith implies that the system is provided with some sort of indication of the type of input device being used or else the system could not accurately choose the user interface that corresponds to the type of input device that provided the input.);
determining, based on the indication, whether the user device is either a hands free device that is configured to be operated by human voice and that does not include one or more buttons for causing control of at least one other device or a device that is configured to be operated using one or more buttons for causing control of at least one other device (Examiner considers this limitation to provide alternatives to what the user device is. As such, only one of the alternatives need to be taught by Smith (See MPEP § 2131 “When a claim covers several structures or compositions, either generically or as alternatives, the claim is deemed anticipated if any of the structures or compositions within the scope of the claim is known in the prior art." Brown v. 3M, 265 F.3d 1349, 1351, 60 USPQ2d 1375, 1376 (Fed. Cir. 2001).). However, for the purpose of compact prosecution, Examiner will address both alternatives as if they were each required. The interface can be adapted based on the type of input device used, Smith: ¶ [0053]-[0055]. As presented above, Smith indicates that the input type can be a voice command and the input device can be a microphone (does not include one or more buttons) and the input device can be a remote controller with buttons, Smith: ¶ [0013], [0025], [0052]-[0057]. Although it is not explicitly stated, Smith implies that the system is provided with some sort of indication of the type of input device being used or else the system could not accurately choose the user interface that corresponds to the type of input device that provided the input.); and
in response to determining that the user device is a hands free device that is configured to be operated by human voice and that does not include one or more buttons for causing control of at least one other device, causing output of a first type of user interface that is configured to be navigated using one or more voice commands on the at least one other device (This limitation and the following one are contingent limitations in a method claim and only one of said limitations requires to be performed, as such, under broadest reasonable interpretation the prior art only needs to teach one of the limitations (See MPEP § 2111.04(II)). However, for the purpose of compact prosecution, Examiner will address both limitations as if each contingent limitation were required. Smith teaches that a user interface configured for voice command can be selected when a voice command input device is being used and that a user interface configured for a remote control with buttons can be selected when the remote control input device is being used, Smith: ¶ [0052]-[0056]); or
in response to determining that the user device is configured to be operated using one or more buttons, causing output of a second type of user interface that is configured to be navigated using one or more buttons on the user device (Smith teaches that a user interface configured for voice command can be selected when a voice command input device is being used and that a user interface configured for a remote control with buttons can be selected when the remote control input device is being used, Smith: ¶ [0052]-[0056]).
Smith does not appear to expressly teach a method wherein:
the indication is part of received metadata;
wherein the user device is configured to be operated by a combination of human voice and one or more buttons on the device for causing control of the at least one other device and wherein the second type of user interface is configured to be navigated using a combination of one or more voice commands and one or more buttons on the user device.
However, Liston teaches a method wherein:
the indication is part of received metadata (Information (metadata) can be retrieved that is used to determine the functionality of the remote controller, Liston: ¶ [0203]. Examiner considers data that gives information about an item to be metadata.);
wherein the user device is configured to be operated by a combination of human voice and one or more buttons on the device for causing control of the at least one other device and wherein the second type of user interface is configured to be navigated using a combination of one or more voice commands and one or more buttons on the user device (Liston: Figs. 13 and 14, ¶ [0203]-[0205], [0302]).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Smith wherein:
the indication is part of received metadata;
wherein the user device is configured to be operated by a combination of human voice and one or more buttons on the device for causing control of the at least one other device and wherein the second type of user interface is configured to be navigated using a combination of one or more voice commands and one or more buttons on the user device, as taught by Liston.
One would have been motivated to make such a combination in order to provide a more effective means for adapting the user interface to various types of remote controllers (Liston: Fig. 4, ¶ [0006], [0302].).
Claim 12:
The rejection of claim 8 is incorporated. Smith does not appear to explicitly teach a method wherein the audio input is a voice command for accessing a list of content offered by a service provider.
However, Liston teaches a method wherein the audio input is a voice command for accessing a list of content offered by a service provider (The user can provide an audio input to open the Netflix application, Liston: ¶ [0302]. Although it is not explicitly taught, one of ordinary skill in the art would know that the Netflix application provides the user with access to a list of content offered by Netflix (service provider).).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Smith wherein the audio input is a voice command for accessing a list of content offered by a service provider, as taught by Liston.
One would have been motivated to make such a combination in order to improve the user’s experience by providing straight forward commands for accessing a list of content (Liston: ¶ [0302]; Smith: ¶ [0021].).
Claim 25:
The rejection of claim 1 is incorporated. Smith in view of Liston teaches a method wherein the other device is separate from the user device (Smith: Fig. 2, ¶ [0013], [0025], [0052]-[0057].).
Claim 27:
The rejection of claim 8 is incorporated. Smith in view of Liston teaches a method wherein:
determining whether the user device is either the hands free device that is configured to be operated by human voice and that does not include one or more buttons for causing control of at least one other device or a device that is configured to be operated using a combination of human voice and one or more buttons for causing control of at least one other device comprises determining that the user device is the hands free device (Smith teaches that a user interface configured for voice command can be selected when a voice command input device is being used, Smith: ¶ [0052]-[0056].); and
causing output of the first type of user interface on that at least one other device in response to determining that the user device is the hands free device (Smith teaches that a user interface configured for voice command can be selected when a voice command input device is being used, Smith: ¶ [0052]-[0056].).
Claim 28:
The rejection of claim 8 is incorporated. Smith in view of Liston teaches a method wherein:
determining whether the user device is either the hands free device that is configured to be operated by human voice and that does not include one or more buttons for causing control of at least one other device or a device that is configured to be operated using a combination of human voice and one or more buttons for causing control of at least one other device comprises determining that the user device is configured to be operated using a combination of human voice and one or more buttons (Liston: Figs. 13 and 14, ¶ [0203]-[0205], [0302]); and
causing output of the second type of user interface on that at least one other device in response to determining that the user device is configured to be operated using a combination of human voice and one or more buttons (Liston: Figs. 13 and 14, ¶ [0203]-[0205], [0302]).
Claim 33:
The rejection of claim 1 is incorporated. Smith in view of Liston further teaches a method wherein the selected user interface is first generated after the receiving the first information indicative of an audio input and the receiving the second information indicating whether the user device is either a hands free device that is configured to be operated by human voice or a device that is configured to be operated using a combination of human voice and one or more buttons on the device for causing control of the at least one other device, and wherein one or more characteristics of the selected user interface are customized based on the audio input and one or more operational characteristics of the user device (The selected user interface is first displayed (generated) after the input is received from the input device, Smith: Fig. 5, ¶ [0041], [0053]. The user interface is displayed/generated after the functionality of the remote control is determined, Liston: Fig. 15, ¶ [0203]-[0204]. The user interface is customized based on the operational characteristics of the input device, Liston: ¶ [0205]. The user interface can be personalized (customized) in response to the user logging in, Liston: ¶ [0111]. The user is logged in based on the received voice command, Liston: ¶ [0299].).
One would have been motivated to make such a combination in order to improve the user’s experience by providing a more convenient means for logging into applications, personalizing user interfaces and optimizing user interfaces based on input device capabilities (Liston: ¶ [0111], [0203]-[0205], [0299]).
Claim(s) 5, 21-23 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Liston and further in view of Tuli et al. (US 2011/0119637 A1, published 05/19/2011, hereinafter “Tuli).
Claim 5:
The rejection of claim 1 is incorporated. Smith in view of Liston further teaches a method wherein the second information corresponds to the capabilities of the input device (The system determines the type of interface based on the capabilities of the input device (e.g. number of buttons, voice command capability, gesture recognition, etc...), Smith: ¶ [0052]-[0056]; Liston: ¶ [0203]. Although it is not explicitly stated, Smith implies that the system is provided with some sort of indication of the type of input device being used or else the system could not accurately choose the user interface that corresponds to the type of input device that provided the input.).
Smith does not appear to expressly teach a method wherein the device capabilities are determined via a device identifier.
However, Tuli teaches a method wherein the device capabilities are determined via a device identifier (Tuli: ¶ [0057].).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Smith sswherein the device capabilities are determined via a device identifier, as taught by Tuli.
One would have been motivated to make such a combination to provide a more effective means for determining the capabilities of the user equipment (Tuli: ¶ [0057].).
Independent Claim 21:
receiving first information indicative of an audio input received at a user device that is configured to control at least one other device (The system can receive a voice command from a first input device, Smith: Fig. 5, [0052]. The input device can be a microphone, Smith: ¶ [0013], [0025]. The voice commands controls the graphical user interface generated on the display (other device), Smith: ¶ [0053].);
receiving an indication and determining, based on the indication, whether or not the user device is a hands free device that is configured to be operated by human voice (The interface can be adapted based on the type of input device used, Smith: ¶ [0053]-[0055]. As presented above, Smith indicates that the input type can be a voice command and the input device can be a microphone and the input device can be a remote controller with buttons, Smith: ¶ [0013], [0025], [0052]-[0056]. Although it is not explicitly stated, Smith implies that the system is provided with some sort of indication of the type of input device being used or else the system could not accurately choose the user interface that corresponds to the type of input device that provided the input.);
selecting, based on determining whether or not the user device is a hands free device, a user interface from a plurality of user interfaces associated with a plurality of user devices configured to receive inputs for output on at least one other device, wherein a first one of the plurality of user interfaces is configured to be navigated using one or more voice commands when a user device is a hands free device that is configured to be operated by human voice, and a second one of the plurality of user interfaces is configured to be navigated using one or more buttons when a user device is a device that is configured to be operated using one or more buttons on the user device (This limitation comprises contingent limitations in a method claim and only one of said limitations requires to be performed, as such, under broadest reasonable interpretation the prior art only needs to teach one of the limitations (See MPEP § 2111.04(II). However, for the purpose of compact prosecution, Examiner will address both contingent limitations as if they were each required. Smith teaches that a user interface configured for voice command can be selected when a voice command input device is being used and that a user interface configured for a remote control with buttons can be selected when the remote control input device is being used, Smith: ¶ [0052]-[0056]); and
causing output of the selected user interface on the at least one other device (The selected user interface is outputted onto the display (at least one other device), Smith: Figs. 4 and 5, Smith: ¶ [0052]-[0056]. The display can be a single display, Smith: ¶ [0043]-[0044].).
Smith does not appear to expressly teach a method wherein:
the indication is a device identifier;
the plurality of user devices are configured to receive audio inputs; and
the second user interface is configured to be navigated using a combination of one or more voice commands and one or more buttons when the user device is a device that is configured to be operated using a combination of human voice and one or more buttons on the user device.
However, Liston teaches a method the second user interface is configured to be navigated using a combination of one or more voice commands and one or more buttons when the user device is a device that is configured to be operated using a combination of human voice and one or more buttons on the user device (Liston: Figs. 13 and 14, ¶ [0203]-[0205], [0302]).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Smith the second user interface is configured to be navigated using a combination of one or more voice commands and one or more buttons when the user device is a device that is configured to be operated using a combination of human voice and one or more buttons on the user device, as taught by Liston.
One would have been motivated to make such a combination in order to provide a more effective means for adapting the user interface to various types of remote controllers (Liston: Fig. 4, ¶ [0006], [0302].).
In combination, Smith in view of Liston teaches a method wherein the plurality of user devices are configured to receive audio inputs (A first input device can be a microphone and the second input device can be a remote control with buttons and voice input capabilities, Smith: Fig. 5, [0013], [0025], [0052]-[0056]; Liston: Figs. 13 and 14, ¶ [0203]-[0205], [0302]).
Smith in view of Liston does not appear to expressly teach a method wherein the indication is a device identifier.
However, Tuli teaches a method wherein the indication is a device identifier (Tuli: ¶ [0057].).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Smith in view of Liston wherein the indication is a device identifier, as taught by Tuli.
One would have been motivated to make such a combination to provide a more effective means for determining the capabilities of the user equipment (Tuli: ¶ [0057].).
Claim 22:
The rejection of claim 21 is incorporated. Smith in view of Liston and further in view of Tuli teaches a method wherein the selecting the user interface comprises selecting, based on determining that the user device is a hands free device that is configured to be navigated using one or more voice commands (Smith teaches that a user interface configured for voice command can be selected when a voice command input device is being used, Smith: ¶ [0052]-[0056].)
Claim 23:
The rejection of claim 21 is incorporated. Smith in view of Liston and further in view of Tuli teaches a method wherein selecting the user interface comprises selecting, based on determining that the user device is not a hands free device that is configured to be operated by human voice, the second one of the plurality of user interfaces that is configured to be navigated using a combination of one or more voice commands and one or more buttons (Liston: Figs. 13 and 14, ¶ [0203]-[0205], [0302]).
Claim 31:
The rejection of claim 8 is incorporated. Smith in view of Liston further teaches a method wherein the indication comprises device capabilities (Liston: ¶ [0203].).
Smith in view of Liston does not appear to expressly teach a method wherein the device capabilities are determined via a device identifier.
However, Tuli teaches a method wherein the device capabilities are determined via a device identifier (Tuli: ¶ [0057].).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Smith in view of Liston wherein the device capabilities are determined via a device identifier, as taught by Tuli.
One would have been motivated to make such a combination to provide a more effective means for determining the capabilities of the user equipment (Tuli: ¶ [0057].).
Claim(s) 6, 9, 10 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Liston and further in view of Park et al. (US 8,738,925 B1, issued on 05/27/2014, hereinafter “Park”).
Claim 6:
The rejection of claim 1 is incorporated. Smith in view of Liston does not appear to expressly teach a method wherein receiving the second information indicating whether the user device is either a hands free device that is configured to be operated by human voice or a device that is configured to be operated using a combination of human voice and one or more buttons on the device for causing control of the at least one other device comprises receiving an indication of how the first information was transmitted by the user device.
However, Park teaches a method wherein receiving an indication of whether the user device is a first type of device or a second type of device comprises receiving an indication of how the first information was transmitted (The type of device is determined based on the wireless protocol the device communicates with, Park: column 10 lines 2-18.).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Smith in view of Liston wherein receiving an indication of whether the user device is a first type of device or a second type of device comprises receiving an indication of how the first information was transmitted, as taught by Park.
One would have been motivated to make such a combination in order to improve the method of Smith in view of Liston by providing greater flexibility in determining the type of device (Park: column 10 lines 2-18.).
In implementing the device type determination feature of Park in to the invention of Smith in view of Liston, the identification of the type of device would include identification of a hands free device and a device comprising one or more buttons because the hands free device and the device comprising one or more buttons are the types of wireless devices that are identified in the invention of Smith in view of Liston. Accordingly, in combination, Smith in view of Liston and further in view of Park teaches a method wherein receiving the second information indicating whether the user device is either a hands free device that is configured to be operated by human voice or a device that is configured to be operated using a combination of human voice and one or more buttons on the device for causing control of the at least one other device comprises receiving an indication of how the first information was transmitted by the user device.
Claim 9:
The rejection of claim 8 is incorporated. Smith in view of Liston does not appear to expressly teach a method wherein receiving the metadata comprising the indication of the user device comprises receiving an indication of how the first information was transmitted by the user device.
However, Park teaches a method wherein receiving the metadata comprising the indication of whether the user device is a first type of device or a second type of device comprises receiving an indication of how the first information was transmitted (The type of device is determined based on the wireless protocol the device communicates with, Park: column 10 lines 2-18.).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Smith in view of Liston wherein receiving an indication of whether the user device is a first type of device or a second type of device comprises receiving an indication of how the first information was transmitted, as taught by Park.
One would have been motivated to make such a combination in order to improve the method of Smith in view of Liston by providing greater flexibility in determining the type of device (Park: column 10 lines 2-18.).
In implementing the device type determination feature of Park in to the invention of Smith in view of Liston, the identification of the type of device would include identification of a hands free device and a device comprising one or more buttons because the hands free device and the device comprising one or more buttons are the types of wireless devices that are identified in the invention of Smith in view of Liston. Accordingly, in combination, Smith in view of Liston and further in view of Park teaches a method wherein receiving the metadata comprising the indication of the user device comprises receiving an indication of how the first information was transmitted by the user device.
Claim 10:
The rejection of claim 9 is incorporated. Smith in view of Liston and further in view of Park further teaches a method wherein receiving the indication of how the first information was transmitted by the user device comprises receiving at least one of a device identifier or an indication of how the first information were transmitted by the user device comprises determining whether the second information was received over a Wi-Fi network or via a RF signal (Park: column 10 lines 2-18.).
Claim 26:
The rejection of claim 6 is incorporated. Smith in view of Liston and further in view of Park does not appear to teach a method wherein the indication of how the first information was transmitted by the user device comprises an indication of whether the first information was received over a Wi-Fi network or via a RF signal (The type of device is determined based on the wireless protocol the device communicates with, Park: column 10 lines 2-18.).
Claim(s) 14 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Liston and further in view of Vassigh et al. (US 2019/0018635 A1, published 07/11/2017, hereinafter “Vassigh”).
Claim 14:
The rejection of claim 8 is incorporated. Smith in view of Liston does not appear to expressly teach a method wherein the hands free device is configured to receive a trigger and a voice command following the trigger.
However, Vassigh teaches a method wherein the hands free device is configured to receive a trigger and a voice command following the trigger (The audio remote control device 122 (hands free device) is configured to receive voice commands after receiving a trigger word, Vassigh: ¶ [0036]. The only input interface described for the audio remote control device 122 is an array of microphones, Vassigh: Figs. 1 and 2, ¶ [0031], [0037]-[0039].).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Smith in view of Liston wherein the hands free device is configured to receive a trigger and a voice command following the trigger, as taught by Vassigh.
One would have been motivated to make such a combination in order to provide a more effective audio remote control device that can better distinguish audio data to determine when a user intends to issue a voice command (Vassigh: ¶ [0036]).
Claim 32:
The rejection of claim 1 is incorporated. Smith in view of Liston further teaches a method wherein the received second information further indicates that the user device is a hands free device and provides functionality information regarding the hands free device (The system determines the type of interface based on the capabilities of the input device (e.g. number of buttons, voice command capability, gesture recognition, etc...), Smith: ¶ [0052]-[0056]; Liston: ¶ [0203]-[0204]. The capabilities of the input device are determined, Liston: ¶ [0203]-[0204].).
Smith in view of Liston does not appear to expressly teach a method wherein the functionality of the user device comprises the hands free device being configured to receive a trigger and a voice command following the trigger, wherein the trigger is configured to serve as an instruction to cause execution of the voice command or to cause execution of an operation associated with the voice command.
However, Vassigh teaches a method wherein the functionality of the user device comprises the hands free device being configured to receive a trigger and a voice command following the trigger, wherein the trigger is configured to serve as an instruction to cause execution of the voice command or to cause execution of an operation associated with the voice command (The audio remote control device 122 (hands free device) is configured to receive voice commands after receiving a trigger word, Vassigh: ¶ [0036]. The only input interface described for the audio remote control device 122 is an array of microphones, Vassigh: Figs. 1 and 2, ¶ [0031], [0037]-[0039].).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Smith in view of Liston wherein the functionality of the user device comprises the hands free device being configured to receive a trigger and a voice command following the trigger, wherein the trigger is configured to serve as an instruction to cause execution of the voice command or to cause execution of an operation associated with the voice command, as taught by Vassigh.
One would have been motivated to make such a combination in order to provide a more effective audio remote control device that can better distinguish audio data to determine when a user intends to issue a voice command (Vassigh: ¶ [0036]).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Liston, further in view of Tuli and further in view of Park.
Claim 24:
The rejection of claim 21 is incorporated. Smith in view of Liston and further in view of Tuli does not appear to teach a method wherein receiving the device identifier comprises receiving an indication of whether the first information was received over a Wi- Fi network or via a RF signal.
However, Park teaches a method wherein receiving the device identifier comprises receiving an indication of whether the first information was received over a Wi- Fi network or via a RF signal (The type of device (device identifier) is determined based on the wireless protocol the device communicates with, Park: column 10 lines 2-18.).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Smith in view of Liston and further in view of Tuli wherein receiving the device identifier comprises receiving an indication of whether the first information was received over a Wi- Fi network or via a RF signal, as taught by Park.
One would have been motivated to make such a combination in order to improve the method of Smith in view of Liston and further in view of Tuli by providing greater flexibility in determining the type of device (Park: column 10 lines 2-18.).
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Liston and further in view of Fujisawa (US 8,831,952 B2, issued 09/09/2014, hereinafter “Fujisawa”).
Claim 30:
The rejection of claim 1 is incorporated. Smith in view of Liston further teaches a method wherein causing output of the user interface on the at least one other device comprises causing, based on the second information indicating that the user device is the hands free device, the at least one other device to present a voice command user interface (Smith: ¶ [0052]-[0056]).
Smith in view of Liston does not appear to expressly teach a method wherein the presentation of the voice command user interface comprises talking back to a user of the hands free device.
However, Fujisawa teaches a method wherein the presentation of the voice command user interface comprises talking back to a user of the hands free device (Fujisawa: column 8 lines 1-26).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Smith in view of Liston wherein the presentation of the voice command user interface comprises talking back to a user of the hands free device, as taught by Fujisawa.
One would have been motivated to make such a combination in order to provide a more effective presentation of the voice command user interface (Fujisawa: column 8 lines 1-26).
Response to Arguments
Applicant’s prior art arguments have been fully considered but are moot in view of the new grounds of rejection presented above.
Conclusion
Examiner has cited particular columns and line and/or paragraph numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
The examiner requests, in response to this Office action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line number(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application.
When responding to this office action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
The prior art made of record and not relied upon is considered pertinent to Applicants’ disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL RODRIGUEZ whose telephone number is (571)272-3633. The examiner can normally be reached Monday-Friday 5:30 am - 2:30 pm.
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/DANIEL RODRIGUEZ/Primary Examiner, Art Unit 2178
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