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 .
Response to Amendment
A preliminary amendment was received on 30 June 2023. By this amendment, Claims 21-50 have been canceled. No claims have been amended or added. Claims 1-20 are currently pending in the present application.
Drawings
The drawings are objected to because they include informalities. In particular, Figure 1 includes no text labels, which are required for understanding of the drawing. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites determining whether private data is required to resolve the intent of the voice query and if so, establishing a second communication channel for receiving private data. However, the claim does not appear to make use of the second channel, nor does the claim appear to actually resolve the intent of the voice query. These constitute omissions of essential subject matter, which renders the scope of the claim indefinite.
Claim 4 recites “the application” in line 5. It is not clear whether this is intended to refer to the application of Claim 1 or the further application. Claim 4 also recites “an interactive voice response” in line 6. It appears that this is missing a noun after “response”.
Claim 7 recites a list of three items but does not include a conjunction (e.g. “and” or “or”) between the items. It is not clear whether all the items are required or if they are alternatives.
Claim 9 recites “the receiving” in line 2. There is not clear antecedent basis for this limitation in the claims.
Claim 10 recites “more private data than is typically required” in line 2. The term “typically” is a relative term which has not been defined in either the claims or specification. Further, the specification does not provide a standard of comparison to determine how much data is typically required. See MPEP § 2173.05(b).
Claim 11 recites “A system comprising control circuitry configured to” in line 1. It is not clear whether “configured to” is intended to modify the system or circuitry. The claim further recites determining whether private data is required to resolve the intent of the voice query and if so, establishing a second communication channel for receiving private data. However, the claim does not appear to make use of the second channel, nor does the claim appear to actually resolve the intent of the voice query. These constitute omissions of essential subject matter, which renders the scope of the claim indefinite.
Claim 14 recites “the application” in line 5. It is not clear whether this is intended to refer to the application of Claim 11 or the further application. Claim 14 also recites “an interactive voice response” in line 6. It appears that this is missing a noun after “response”.
Claim 17 recites a list of three items but does not include a conjunction (e.g. “and” or “or”) between the items. It is not clear whether all the items are required or if they are alternatives.
Claim 19 recites “the receiving” in line 2. There is not clear antecedent basis for this limitation in the claims.
Claim 20 recites “more private data than is typically required” in lines 2-3. The term “typically” is a relative term which has not been defined in either the claims or specification. Further, the specification does not provide a standard of comparison to determine how much data is typically required. See MPEP § 2173.05(b).
Claims not explicitly referred to above are rejected due to their dependence on a rejected base claim.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sharifi et al, US Patent Application Publication 2023/0153410.
In reference to Claims 1 and 8, Sharifi discloses a method that includes receiving a voice query at a virtual assistant cloud service (paragraph 0034, for example); determining an intent of the voice query and selecting an application to resolve the intent (see paragraph 0035); and determining whether private data is required to resolve the intent, and if so, establishing a second communication channel for receiving the private data and receiving the private data (paragraph 0030; see also paragraph 0042, out of band channel).
In reference to Claims 2 and 3, Sharifi further discloses the second communication channel bypassing the cloud service and a bypass signal (paragraph 0041).
In reference to Claim 4 and 6, Sharifi further discloses that the second channel includes a path dependent on the type of data and between devices and applications (paragraph 0030).
In reference to Claim 5, Sharifi further discloses that the second channel is encrypted (paragraph 0031).
In reference to Claim 7, Sharifi further discloses receiving an indication from a client device that private data is required or other determinations that private data is required (paragraph 0035).
In reference to Claim 9, Sharifi further discloses reverting to the first communication channel (paragraph 0028).
In reference to Claim 10, Sharifi further discloses generating an alert based on the private data (paragraph 0042).
Claims 11-20 are directed to systems corresponding to the functionality of the methods of Claims 1-10, and are rejected by a similar rationale, mutatis mutandis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dunjic et al, US Patent 10839811, discloses a system for enforcing privacy during a session with a voice assistant.
Yang, US Patent 10872168, discloses a method for notifying users when personal information is used with voice control.
Temkin et al, US Patent 11682390, discloses a method in which a voice query may require PII.
Sharma, US Patent 11991126, discloses a system for aggregating user sessions with virtual assistants.
Seipp, US Patent Application Publication 2024/0080213, discloses a system that establishes a temporary private data channel.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Zachary A Davis whose telephone number is (571)272-3870. The examiner can normally be reached Monday-Friday, 9:00am-5:30pm, Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rupal D Dharia can be reached at (571) 272-3880. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Zachary A. Davis/Primary Examiner, Art Unit 2492