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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/5/26 has been entered.
Response to Arguments
Applicant’s arguments with respect to the independent claims and references Gilson and Broadus (Arguments, pg. 6-7) have been considered but are moot in light of new grounds of rejection with reference Stilwell as presented below
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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Patent
(US 12,165,667 B2)
Instant Application
(17/932,761)
1. A method comprising:
receiving first data indicative of content being rendered by a device;
receiving, via a user input, second data;
synchronizing, based on timing data associated with the first data, the second data with the first data;
determining, based on the synchronized first data and second data, whether the second data comprises a portion of the content; and
processing, based on filtering the portion of the content from the second data, a voice command indicated by the filtered second data.
1. A method comprising:
determining, by a first computing device comprising at least one audio output and at least one audio input, a first delay associated with output of first audio from a second computing device located remote to the first computing device;
causing, based on the first delay, output of second audio via the at least one audio output; receiving, via the at least one audio input, an audio input signal comprising the first audio, the second audio, and third audio indicative of a voice command; and
causing, based on removal of the first audio and the second audio from the audio input signal, at least one action to be performed based on the voice command.
Claims 1, 9 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5, 7-10, 13 15-18 and 20 of U.S. Patent No. US 12,165,667 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as provided by the table above and because reference Stilwell (US 2018/0167149 A1) discloses features “a first delay associated with output of first audio from a second computing device located remote to the first computing device” (para. [0063]-[0064]), “causing, based on the first delay, output of second audio via the at least one audio output” (para. [0063]-[0064]), while Gilson (US 2020/0243103 A1) discloses “receiving, via the at least one audio input, the second audio” (para. [0066]-[0075]), “third audio indicative of a voice command” (para. [0066]) and “causing, based on removal of the first audio and the second audio from the audio input signal, at least one action to be performed based on the voice command” (para. [0021]; para. [0078]-[0079]).
It would have been obvious to one of ordinary skill in the art to implement the missing features as described by Stilwell and Gilson, for all the reasons described by the references such as synchronizing audio between devices (Stilwell, Abstract) as well as ensuring the received voice commands are processed without degradation or interference (Gilson, para. [0097]).
Allowable Subject Matter
The indicated allowability of claims 1-8 is withdrawn in view of the newly discovered reference to Stilwell. Rejections based on the newly cited reference follow.
Claim Rejections - 35 USC § 103
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.
1. Claims 1-9, 11-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Stilwell et al US 2018/0167149 A1 (“Stilwell”) in view of Gilson et al US 2020/0243103 A1 (“Gilson”)
Per Claim 1, Stilwell discloses a method comprising:
determining, by a first computing device comprising at least one audio output and at least one audio input, a first delay associated with output of first audio from a second computing device located remote to the first computing device (fig. 2; As shown in step S10, the controller 30 of the set-top box 20 transmits audio data and a timer marker message to the Bluetooth device 23 via the communication connection 27.…, para. [0061]; the controller 30 of the set-top box 20 uses the time difference between initial transmission of the audio data and receipt of the “Audio Received” response from the Bluetooth device 23 as an indication of “a round-trip transmission time” between the set-top box 23 and the Bluetooth device 23…. In step S14, the controller 30 of the set-top box 20 uses both responses (i.e., first and second responses) from the Bluetooth device 23 as calibration information for calculating the delay …, para. [0063], set-top box and Bluetooth device as first and second computing devices);
causing, based on the first delay, output of second audio via the at least one audio output (para. [0061]-[0063]; The delay value is stored in the RAM 31 or the non-volatile memory 32 of the set-top box 20. In step S15, the controller 30 of the set-top 20 uses the stored delay as calibration information for delaying the output of the A/V data to the video sink device 21 in order to synchronization video data shown on the video sink device 21 with the audio data listened to on the Bluetooth device 23 …, para. [0064]);
Stilwell does not explicitly disclose receiving, via the at least one audio input, an audio input signal comprising the first audio, the second audio, and third audio indicative of a voice command or causing, based on removal of the first audio and the second audio from the audio input signal, at least one action to be performed based on the voice command
However, this feature is taught by Gilson:
receiving, via the at least one audio input, an audio input signal comprising the first audio, the second audio, and third audio indicative of a voice command (fig. 6, elements 640, 641; A user 650 may generate a voice command that is received acoustically 640 at a microphone 643 …, para. [0066]; Audio from sources such as the user device 603, which may comprise a television, may also be received acoustically 641 at the microphone 643 …, para. [0067]; A local speaker 638 of the user device 602 may be used for the playout of audio that was requested for playout based on a voice command from the user 650… The audio from local speaker 638 may also be received acoustically at the microphone 643 of the user device 602 based in part to the proximity of local speaker 638 to microphone 643…., para. [0068]; The television audio (RCV 1) 623 stream may comprise a copy of the audio output 629. The television audio (RCV 1) 623 stream …, para. [0070]; the variable delay function 633, which may be configured to insert the delay into the microphone 643 path of the user device 602 in order to cause arrival of the microphone 643 audio at approximately the same time as audio being played out by local speaker 638, para. [0075], voice command that is received acoustically as 640, audio 641 and audio from local speaker received acoustically at microphone 643 as first, second and third audio); and
causing, based on removal of the first audio and the second audio from the audio input signal, at least one action to be performed based on the voice command (para. [0001]; para. [0021]; para. [0076]; audio from playout audio (RCV 2) 625 or from other WiFi or Bluetooth sources 627 played out over local speaker 638 may be filtered out first, based on their proximity to microphone 643, before filtering out audio from television audio (RCV 1) 623. Alternatively, the system 600 may be configured to filter out audio from television audio (RCV 1) 623, playout audio (RCV 2) 625 …, para. [0077]; The processed microphone audio 626 may then be sent to the computing device 601 via the LAN interface 622 in order for the voice command to be processed …, para. [0078]-[0079]).
It would have been obvious to one of ordinary skill in the art to combine the teachings of Gilson with the methos of Stilwell in arriving at the missing features of Stilwell, because such combination would have resulted in reducing degradation of a voice recognition input (Gilson, para. [0003]).
Per Claim 2, Stilwell in view of Gilson discloses the method of claim 1,
Stilwell discloses wherein determining the first delay associated with output of first audio from the second computing device comprises: determining an amount of time between the first computing device sending an audio signal indicative of the first audio to the second computing device and output of the first audio via the second computing device (Abstract).
Per Claim 3, Stilwell in view of Gilson discloses the method of claim 1,
Stilwell discloses: wherein causing, based on the first delay, output of the second audio via the at least one audio output comprises: determining, based on the first delay, a second delay associated with output of the second audio via the at least one audio output (para. [0061]-[0064]; para. [0074]); and
initiating, at a time determined based on the second delay, output of the second audio (para. [0061]-[0064]; para. [0074]-[0077]).
Per Claim 4, Stilwell in view of Gilson discloses the method of claim 3,
Stilwell discloses: wherein the second delay is equal to the first delay less an amount of time between sending of an audio signal indicative of the second audio to the at least one audio output and output of the second audio via the at least one audio output (para. [0070]-[0077]).
Per Claim 5, Stilwell in view of Gilson discloses the method of claim 3,
Gilson discloses wherein determining, based on the first delay, the second delay associated with output of the second audio via the at least one audio output comprises: determining an amount of time by which to delay output of the second audio via the at least one audio output so that the at least one audio input receives the first audio and the second audio at a same time (fig. 6; para. [0068]-[0075]).
Per Claim 6, Stilwell in view of Gilson discloses the method of claim 1,
Gilson discloses: wherein causing, based on removal of the first audio and the second audio from the audio input signal, the at least one action to be performed based on the voice command comprises: generating a cancelled audio signal by removing the first audio and the second audio from the audio input signal (para. [0076]-[0079]); and
processing the cancelled audio signal to determine the voice command (para. [0001]; para. [0021]; para. [0076]-[0079]).
Per Claim 7, Stilwell in view of Gilson discloses the method of claim 1,
Stillwell discloses wherein the first computing device comprises a set-top box (fig. 2).
Per Claim 8, Stilwell in view of Gilson discloses the method of claim 1,
Stilwell discloses: wherein the second computing device comprises at least one of a television, a smart television, a desktop computer, a laptop computer, a handheld computer, a tablet, a smartphone, and a gaming console (para. [0037]).
Per Claim 9, Stilwell discloses a method comprising:
determining, by a first computing device comprising at least one audio output and at least one audio input, a first time associated with the at least one audio input receiving first audio from a second computing device located remote to the first computing device (fig. 2; As shown in step S10, the controller 30 of the set-top box 20 transmits audio data and a timer marker message to the Bluetooth device 23 via the communication connection 27.…, para. [0061]-[0063], set-top box and Bluetooth device as first and second computing devices);
determining, based on the first time, a delay associated with output of second audio via the at least one audio output (para. [0061]; the controller 30 of the set-top box 20 uses the time difference between initial transmission of the audio data and receipt of the “Audio Received” response from the Bluetooth device 23 as an indication of “a round-trip transmission time” between the set-top box 23 and the Bluetooth device 23…. In step S14, the controller 30 of the set-top box 20 uses both responses (i.e., first and second responses) from the Bluetooth device 23 as calibration information for calculating the delay …, para. [0063]);
causing, at a second time determined based on the delay, output of the second audio via the at least one audio output (para. [0061]-[0063]; The delay value is stored in the RAM 31 or the non-volatile memory 32 of the set-top box 20. In step S15, the controller 30 of the set-top 20 uses the stored delay as calibration information for delaying the output of the A/V data to the video sink device 21 in order to synchronization video data shown on the video sink device 21 with the audio data listened to on the Bluetooth device 23 …, para. [0064]); and
Stilwell does not explicitly disclose receiving, via the at least one audio input and at the first time, combined audio comprising the first audio, the second audio, and third audio indicative of a voice command
However, this feature is taught by Gilson (fig. 6, elements 640, 641; A user 650 may generate a voice command that is received acoustically 640 at a microphone 643 …, para. [0066]; Audio from sources such as the user device 603, which may comprise a television, may also be received acoustically 641 at the microphone 643 …, para. [0067]; A local speaker 638 of the user device 602 may be used for the playout of audio that was requested for playout based on a voice command from the user 650… The audio from local speaker 638 may also be received acoustically at the microphone 643 of the user device 602 based in part to the proximity of local speaker 638 to microphone 643…., para. [0068]; The television audio (RCV 1) 623 stream may comprise a copy of the audio output 629. The television audio (RCV 1) 623 stream …, para. [0070]; the variable delay function 633, which may be configured to insert the delay into the microphone 643 path of the user device 602 in order to cause arrival of the microphone 643 audio at approximately the same time as audio being played out by local speaker 638, para. [0075], voice command that is received acoustically as 640, audio 641 and audio from local speaker received acoustically at microphone 643 as first, second and third audio);
It would have been obvious to one of ordinary skill in the art to combine the teachings of Gilson with the method of Stilwell in arriving at the missing features of Stilwell, because such combination would have resulted in helping a user complete a/an task/action in a hands-free manner (Gilson, para. [0001]; para [0021]).
Per Claim 11, Stilwell in view of Gilson discloses the method of claim 9,
Gilson discloses generating an audio signal by removing the first audio and the second audio from the combined audio (para. [0076]-[0079]); and
processing the audio signal to determine the voice command (para. [0001]; para. [0021]; para. [0076]-[0079]).
Per Claim 12, Stilwell in view of Gilson discloses the method of claim 11,
Gilson discloses causing at least one action to be performed based on the voice command (para. [0001]; para. [0021]; para. [0076]-[0079]).
Per Claim 13, Stilwell in view of Gilson discloses the method of claim 9,
Gilson discloses wherein determining, based on the first time, the delay associated with output of the second audio comprises determining an amount of time by which to delay output of the second audio via the at least one audio output so that the at least one audio input receives the second audio at the first time (fig. 6; para. [0068]-[0075]).
Per Claim 14, Stilwell in view of Gilson l discloses the method of claim 9,
Stilwell discloses wherein the first computing device comprises a set-top box (fig. 2).
Per Claim 15, Stilwell discloses method comprising:
determining, by a first computing device comprising at least one audio output and at least one audio input, a first delay associated with output of first audio from a second computing device located remote to the first computing device (fig. 2; As shown in step S10, the controller 30 of the set-top box 20 transmits audio data and a timer marker message to the Bluetooth device 23 via the communication connection 27.…, para. [0061]; the controller 30 of the set-top box 20 uses the time difference between initial transmission of the audio data and receipt of the “Audio Received” response from the Bluetooth device 23 as an indication of “a round-trip transmission time” between the set-top box 23 and the Bluetooth device 23…. In step S14, the controller 30 of the set-top box 20 uses both responses (i.e., first and second responses) from the Bluetooth device 23 as calibration information for calculating the delay …, para. [0063], set-top box and Bluetooth device as first and second computing devices);
determining, based on the first delay, a second delay associated with output of second audio from the at least one audio output (para. [0061]; the controller 30 of the set-top box 20 uses the time difference between initial transmission of the audio data and receipt of the “Audio Received” response from the Bluetooth device 23 as an indication of “a round-trip transmission time” between the set-top box 23 and the Bluetooth device 23…. In step S14, the controller 30 of the set-top box 20 uses both responses (i.e., first and second responses) from the Bluetooth device 23 as calibration information for calculating the delay …, para. [0063]; the controller 30 compares the calculated lag delays and determines a delay for outputting the A/V data to the audio sink device 21 (e.g., TV) via communication connection 25 (hereafter “first delay”) and a delay for outputting the audio data to each of the Bluetooth devices 23 via communication connection 27 (hereafter “second delay”) ..., para. [0073]); and
wherein the second delay indicates an amount of time by which to delay output of the second audio via the at least one audio output (para. [0070]-[0077])
causing, at a time determined based on the second delay, output of the second audio via the at least one audio output (para. [0070]-[0077])
Stilwell does not explicitly disclose wherein the second delay indicates an amount of time by which to delay output of the second audio via the at least one audio output so that the at least one audio input receives the first audio and the second audio at a same time
However, this feature is taught by Gilson (fig. 6; para. [0068]-[0075]).
It would have been obvious to one of ordinary skill in the art to combine the teachings of Gilson with the methos of Stilwell in arriving at the missing features of Stilwell, because such combination would have resulted in reducing degradation of a voice recognition input (Gilson, para. [0003]).
Per Claim 16, Stilwell in view of Gilson discloses the method of claim 15,
Stilwell discloses wherein determining the first delay associated with output of first audio from the second computing device comprises: determining an amount of time between the first computing device sending an audio signal indicative of the first audio to the second computing device and output of the first audio via the second computing device (para. [0061]-[0064]).
Per Claim 18, Stilwell in view of Gilson discloses the method of claim 15,
Stilwell discloses wherein causing, based on the second delay, output of the second audio via the at least one audio output comprises: causing, at a time determined based on the second delay, output of the second audio via the at least one audio output (para. [0061]-[0064]; para. [0070]-[0077]).
Per Claim 19, Stilwell in view of Gilson discloses the method of claim 15,
Gilson discloses: receiving, via the at least one audio input, combined audio comprising the first audio, the second audio, and third audio indicative of a voice command (fig. 6, elements 640, 641; A user 650 may generate a voice command that is received acoustically 640 at a microphone 643 …, para. [0066]; Audio from sources such as the user device 603, which may comprise a television, may also be received acoustically 641 at the microphone 643 …, para. [0067]; A local speaker 638 of the user device 602 may be used for the playout of audio that was requested for playout based on a voice command from the user 650… The audio from local speaker 638 may also be received acoustically at the microphone 643 of the user device 602 based in part to the proximity of local speaker 638 to microphone 643…., para. [0068]; The television audio (RCV 1) 623 stream may comprise a copy of the audio output 629. The television audio (RCV 1) 623 stream …, para. [0070]; the variable delay function 633, which may be configured to insert the delay into the microphone 643 path of the user device 602 in order to cause arrival of the microphone 643 audio at approximately the same time as audio being played out by local speaker 638, para. [0075], voice command that is received acoustically as 640, audio 641 and audio from local speaker received acoustically at microphone 643 as first, second and third audio);
generating an audio signal by removing the first audio and the second audio from the combined audio (para. [0076]; audio from playout audio (RCV 2) 625 or from other WiFi or Bluetooth sources 627 played out over local speaker 638 may be filtered out first, based on their proximity to microphone 643, before filtering out audio from television audio (RCV 1) 623. Alternatively, the system 600 may be configured to filter out audio from television audio (RCV 1) 623, playout audio (RCV 2) 625 …, para. [0077]; The processed microphone audio 626 may then be sent to the computing device 601 via the LAN interface 622 in order for the voice command to be processed …, para. [0078]-[0079]); and
processing the audio signal to determine the voice command (para. [0001]; para. [0021]; para. [0078]-[0079])
Per Claim 20, Stillwell in view of Gilson discloses the method of claim 15,
Gilson discloses causing at least one action to be performed based on the voice command (para. [0001]; para. [0021]; The processed microphone audio 626 may then be sent to the computing device 601 via the LAN interface 622 in order for the voice command to be processed …, para. [0078]-[0079]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892 form.
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/OLUJIMI A ADESANYA/Primary Examiner, Art Unit 2658
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