Detailed Action
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Reissue application 18/232,163 was filed 08/09/2023 as a reissue of Application 16477330, filed 07/11/2019, now US 11,087,768 B2, claiming priority to South Korean Patent Application 10-2017-0004094, filed on 01/11/2017 and PCT/KR2017/003807 filed on 04/07/2017.
3. For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
4. This action is responsive to communications filed on 04/15/2026.
5. Claims 1-26 are pending. Claims 5-26 are newly added claims. Claims 11, 12, 16, 22, and 23 are amended.
Reissues
6. Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which Patent No. US 11,087,768 B2 is involved. These proceedings would include any trial at the Patent Trial and Appeal Board, interferences, reissues, reexaminations, supplemental examinations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Recapture
7. Claims 5-26 are rejected under 35 U.S.C. 251 as being an improper recapture of broadened claimed subject matter surrendered in the application for the patent upon which the present reissue is based. See Greenliant Systems, Inc. et al v. Xicor LLC, 692 F.3d 1261, 103 USPQ2d 1951 (Fed. Cir. 2012); In re Shahram Mostafazadeh and Joseph O. Smith, 643 F.3d 1353, 98 USPQ2d 1639 (Fed. Cir. 2011); North American Container, Inc. v. Plastipak Packaging, Inc., 415 F.3d 1335, 75 USPQ2d 1545 (Fed. Cir. 2005); Pannu v. Storz Instruments Inc., 258 F.3d 1366, 59 USPQ2d 1597 (Fed. Cir. 2001); Hester Industries, Inc. v. Stein, Inc., 142 F.3d 1472, 46 USPQ2d 1641 (Fed. Cir. 1998); In re Clement, 131 F.3d 1464, 45 USPQ2d 1161 (Fed. Cir. 1997); Ball Corp. v. United States, 729 F.2d 1429, 1436, 221 USPQ 289, 295 (Fed. Cir. 1984). A broadening aspect is present in the reissue which was not present in the application for patent. The record of the application for the patent shows that the broadening aspect (in the reissue) relates to claimed subject matter that applicant previously surrendered during the prosecution of the application. Accordingly, the narrow scope of the claims in the patent was not an error within the meaning of 35 U.S.C. 251, and the broader scope of claim subject matter surrendered in the application for the patent cannot be recaptured by the filing of the present reissue application.
It is noted that the following is the three step test for determining recapture in reissue applications (see: MPEP 1412.02(I)):
“(1) first, we determine whether, and in what respect, the reissue claims are broader in scope than the original patent claims;
(2) next, we determine whether the broader aspects of the reissue claims relate to subject matter surrendered in the original prosecution; and
(3) finally, we determine whether the reissue claims were materially narrowed in other respects, so that the claims may not have been enlarged, and hence avoid the recapture rule.”
(Step 1: MPEP 1412.02(A)) In the instant case, and by way of the amendment, Applicant seeks to broaden independent claims 5 and 16 in this reissue at least by deleting/omitting the patent claim language requiring:
In claim 5:
generating, by the service providing server, a customized service proposal message based on the customized content and a result of the voice analysis;
transmitting, by the service providing server, the generated customized service proposal message to the user terminal to output the customized service proposal message to the speaker;
receiving, by the service providing server, a customized service approval message from the user terminal;
and transmitting, by the service providing server, the generated control command to an external electronic device to provide the customized service.
In claim 16:
generate a customized service proposal message based on the customized content and a result of the voice analysis;
transmit the generated customized service proposal message to the user terminal to output the customized service proposal message to the speaker;
receive a customized service approval message from the user terminal;
and transmit the control command to an external electronic device to provide the customized service.
(Step 2: MPEP 1412.02(B)) The record of the prior 16/477,330 application prosecution indicates that in a response filed on 04/01/2021, Applicant amended original claims 1 and 2 to recite the features above stating these features were not taught by cited prior art references (see pages 7 and 11). Thus, the limitations omitted in the reissue claim(s) were added in the original application claims for the purpose of making the application claims allowable over a rejection made in the application. The applicant made an argument on the record that the limitation was added to obviate the rejection. The nature of adding limitations to obviate the rejection was made in the amendments filed 04/01/2021 subsequently leading to an Allowance. See the NOA mailed on 05/25/2021 also citing these limitations as obviating the rejections. Applicant is bound by applicant’s revision of the application claims See MPEP 1412.02.
Therefore, in the instant case the claimed limitations below are surrendered subject matter and the broadening of the reissue claims, as noted above, are in the area of the surrendered subject matter.
In claim 5:
generating, by the service providing server, a customized service proposal message based on the customized content and a result of the voice analysis;
transmitting, by the service providing server, the generated customized service proposal message to the user terminal to output the customized service proposal message to the speaker;
receiving, by the service providing server, a customized service approval message from the user terminal;
and transmitting, by the service providing server, the generated control command to an external electronic device to provide the customized service.
In claim 16:
generate a customized service proposal message based on the customized content and a result of the voice analysis;
transmit the generated customized service proposal message to the user terminal to output the customized service proposal message to the speaker;
receive a customized service approval message from the user terminal;
and transmit the control command to an external electronic device to provide the customized service.
(Step 3: MPEP 1412.02(C)) It is noted that reissue claims 5-26 were not materially narrowed in other respects that relate to the surrendered subject matter to avoid recapture.
Claim Interpretation
8. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“one or more processors configured to: receive a voice recognition request…perform a mapping of voice information…receive a service provision request message…analyze the voice…determine at least a part of the preferred content information…generate a customized service proposal message…transmit the generated customized service proposal message…receive a customized service approval message…generate a control command…” in claim 2.
“one or more processors are configured to analyze a call portion in a message…” in claim 4.
“the service providing server is configured to receive the registration information from an external electronic device” in claim 13.
“one or more processors configured to: receive a voice recognition request…perform a mapping of voice information…receive a service provision request message…analyze the voice…determine at least a part of the preferred content information… generate a control command…” in claim 16.
“one or more processors are further configured to: analyze a call portion…analyze a request portion” as in claim 17.
“one or more processors are further configured to analyze the voice…” in claim 18.
“one or more processors are further configured to analyze the voice…” in claim 19.
“one or more processors are further configured to identify the speaker…” in claim 20.
“one or more processors are further configured to identify the speaker…” in claim 21.
“one or more processors are further configured to determine the at least part of the preferred content information…” in claim 23.
“one or more processors are further configured to receive the registration information…” in claim 24.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
9. 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.
16. 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.
10. Claims 1-26 are rejected under 35 U.S.C. 103 as being unpatentable over Niewczas, US 11,223,699 B1, 01/11/2022 (filed on 12/21/2016 in view of Hansen et al., US 9,407,751 B2, 08/02/2016
Regarding claim 1, Niewczas discloses a method for providing a personalized voice recognition service, the method comprising. See column 1, lines 7-8 and column 2, lines 27-61 disclosing a method of using voice recognition in a social-networking environment and a method of recording and analyzing a user’s voice to determine a digital voiceprint for the user. See also column 17, lines 27-65.
Niewczas discloses receiving, by a service providing server, a voice registration request of each of a plurality of users from a user terminal. See column 2, lines 27-61 where Niewczas discloses receiving a voiceprint by a client system, stored on the social-networking system. A user at a client system, such as a smartphone, may establish a voiceprint by speaking words and phrases into the microphone of the smartphone which records the user’s speech as audio input. A voiceprint is generated based on the audio input and stored in the data store as a user’s voiceprint. Multiple users are able to create voiceprints (first and second users). See columns 2-3. See also column 17, lines 27-65.
Niewczas discloses performing, by the service providing server, a mapping of voice information of each of the plurality of users included in the voice registration request with user information including identification information and preferred content information, and storing the mapped information in the service providing server. See column 2, lines 49-51 disclosing that a voiceprint generated based on the audio input is stored in a data store a user’s voiceprint. The social-networking system includes one or more user-profile stores for storing user profiles such as biographic information, demographic information, social information, educational and work history, hobbies, interests, affinities, etc. See column 8, lines 14-28. See also column 17, lines 27-65. Niewczas discloses that when the social networking system first receives a first audio input from an unknown user, the social-networking system receives identify information for the unknown user, generates a new voiceprint based on the first audio input and stores the new voiceprint in association with identify information for subsequent access by the social networking system. See column 25, lines 50-57. Column 32, lines 16-20 discloses that the social-networking system can provide customized content to the identified users based on their social-networking information. The customized content is personalized to match their interests and includes ads, newsfeeds, push notifications, coupons, etc. See column 34, lines 21-48 disclosing the social-networking system may send customized content to one or more of the first user or the second user based on their social-networking information. The social-networking system may generate the customized content based on one or more interests of the first user or the second user, wherein the one or more interests are received from the online social network. In particular embodiments, the customized content may comprise content having one or more topics that match the interests of the first user or the second user. In particular embodiments, the customized content may comprise advertisements, news feeds, push notifications, place tips, coupons, suggestions, or a combination thereof. See also figure 6. See also column 6, lines 42-55 disclosing the information stored in data stores may be organized according to specific data structures. In particular embodiments, each data store may be a relational, columnar, correlation, or other suitable database. Although this disclosure describes or illustrates particular types of databases, this disclosure contemplates any suitable types of databases. Particular embodiments may provide interfaces that enable a client system, a social-networking system, or a third-party system to manage, retrieve, modify, add, or delete, the information stored in data store.
Niewczas discloses receiving, by the service providing server, a service provision request message including a voice of a speaker from the user terminal; analyzing, by the service providing server, the voice included in the service provision request message to identify the speaker of the voice, which is to be corresponded to one of the plurality of users. See column 2, lines 51-57 disclosing that when a user speaks a voice command such as “play music” into a smartphone or other client system, the voice command may be compared with the user's voiceprint to identify the user as the speaker. The smartphone may then perform an action associated with the command using the user's identity, e.g., playing music from the user's music library. Additionally, the social-networking system may use the user's social-networking information when identifying or authenticating the user based on the voiceprint, and when performing actions based on voice commands. See also column 17, lines 52-65.
Niewczas discloses determining, by the service providing server, at least a part of the preferred content information of an identified user as a customized content for the speaker. See column 32, lines 16-20 discloses that the social-networking system can provide customized content to the identified users based on their social-networking information. The customized content is personalized to match their interests and includes ads, newsfeeds, push notifications, coupons, etc. See column 34, lines 21-48 disclosing the social-networking system may send customized content to one or more of the first user or the second user based on their social-networking information. The social-networking system may generate the customized content based on one or more interests of the first user or the second user, wherein the one or more interests are received from the online social network. In particular embodiments, the customized content may comprise content having one or more topics that match the interests of the first user or the second user. In particular embodiments, the customized content may comprise advertisements, news feeds, push notifications, place tips, coupons, suggestions, or a combination thereof. See also figure 6.
Niewczas discloses providing customized content to the users in the form of ads, newsfeeds and push notifications in response to a voice analysis; however, to the extent Niewczas may not disclose generating a customized service proposal message, Hansen discloses generating, by the service providing server, a customized service proposal message based on the customized content and a result of the voice analysis; transmitting, by the service providing server, the generated customized service proposal message to the user terminal to output the customized service proposal message to the speaker. See column 11, lines 25-36 disclosing the family interaction engine may automatically sense the presence of individual users (e.g., using voice identification or face recognition), and the family interaction engine may automatically show or hide containers, based on the preferences of those detected users. See column 20, lines 25-41 and figure 7 disclosing presenting new recommendations based on the detected user. The family interaction engine may use the content recommendation module when determining content for the family channel and when determining content for each individual user's home screen. As indicated above with regard to the recommended content panel, the home screen may include a container for presenting content recommendations, based on the user profile for the current user. In particular, the content recommendation module may present recommendations based on a preference model for the current user. The preference models for the users may be stored in the respective user profiles, or in any other suitable location. Hansen discloses presenting the recommendations on the tablet.
Hansen discloses receiving, by the service providing server, a customized service approval message from the user terminal; generating, by the service providing server, a control command needed to provide a customized service for the speaker; and transmitting, by the service providing server, the generated control command to an external electronic device to provide the customized service. See column 31, lines 7-column 32, lines 27 disclosing a scenario in which a Mom has used the video player application to cause a selected program to be presented by a separate home theater system in the living room. When Mom first picks up the tablet to turn on the Olympics, the application tailoring module may use the tablet's camera to automatically detect that Mom is the current user. The application tailoring module may then consult the user profile for the current user, to identify any preferences for the current user that are relevant to the application. The video player application can be configured to cooperate or integrate with a separate home theater system in the living room. Alternatively, applications may be configured to cooperate or integrate with other external or remote device, including without limitation external media devices, such as televisions, video game consoles, streaming video players, audio receivers, etc. In another scenario, applications may be configured to present both media and supplemental data on the tablet. In the example scenario, Mom has used the video player application to cause a selected program to be presented by a separate home theater system in the living room.
It would have been obvious to a skilled artisan at the time of the invention to have incorporated Hansen’s features of providing a customized service proposal message and providing the customized service based on a user’s approval within Niewczas’s system of providing customized content because both Niewczas and Hansen were directed to presenting customized content to users based on voice recognition and a skilled artisan at the time of the invention would have been motivated to implement Hansen’s features of prompting a user with a proposal method as a way of facilitating direct content selection of a user’s choice to an external device and the results would have been predictable.
Regarding claim 2, Niewczas discloses a service providing server comprising one or more processors. See column 1, lines 7-8 and column 2, lines 27-61 disclosing a system of using voice recognition in a social-networking system and a system of recording and analyzing a user’s voice to determine a digital voiceprint for the user in order to tailor customized content. See column 3, lines 43-47, column 17, lines 27-65, and column 32, lines 10-28. See figure 1 and column 48 disclosing a computer system including a processor, memory, storage, I/O interface, communication interface and a bus.
Niewczas discloses receive a voice registration request of each of a plurality of users from a user terminal. See column 2, lines 27-61 where Niewczas discloses receiving a voiceprint by a client system, stored on the social-networking system. A user at a client system, such as a smartphone, may establish a voiceprint by speaking words and phrases into the microphone of the smartphone which records the user’s speech as audio input. A voiceprint is generated based on the audio input and stored in the data store as a user’s voiceprint. Multiple users are able to create voiceprints (first and second users). See columns 2-3. See also column 17, lines 27-65. This element is interpreted under 35 U.S.C. 112(f) as the service providing server that receives the registration information from an external device described in the specification at column 4, lines 51-column 5, line 5.
Niewczas discloses perform a mapping of voice information of each of the plurality of users included in the voice registration request with user information including identification information and preferred content information, and storing the mapped information in the service providing server. See column 2, lines 49-51 disclosing that a voiceprint generated based on the audio input is stored in a data store a user’s voiceprint. The social-networking system includes one or more user-profile stores for storing user profiles such as biographic information, demographic information, social information, educational and work history, hobbies, interests, affinities, etc. See column 8, lines 14-28. See also column 17, lines 27-65. Niewczas discloses that when the social networking system first receives a first audio input from an unknown user, the social-networking system receives identify information for the unknown user, generates a new voiceprint based on the first audio input and stores the new voiceprint in association with identify information for subsequent access by the social networking system. See column 25, lines 50-57. Column 32, lines 16-20 discloses that the social-networking system can provide customized content to the identified users based on their social-networking information. The customized content is personalized to match their interests and includes ads, newsfeeds, push notifications, coupons, etc. See column 34, lines 21-48 disclosing the social-networking system may send customized content to one or more of the first user or the second user based on their social-networking information. The social-networking system may generate the customized content based on one or more interests of the first user or the second user, wherein the one or more interests are received from the online social network. In particular embodiments, the customized content may comprise content having one or more topics that match the interests of the first user or the second user. In particular embodiments, the customized content may comprise advertisements, news feeds, push notifications, place tips, coupons, suggestions, or a combination thereof. See also figure 6. See also column 6, lines 42-55 disclosing the information stored in data stores may be organized according to specific data structures. In particular embodiments, each data store may be a relational, columnar, correlation, or other suitable database. Although this disclosure describes or illustrates particular types of databases, this disclosure contemplates any suitable types of databases. Particular embodiments may provide interfaces that enable a client system, a social-networking system, or a third-party system to manage, retrieve, modify, add, or delete, the information stored in data store. This element is interpreted under 35 U.S.C. 112(f) as the service providing server, with the identification and determination unit for identifying a user and determining the customized content described in the specification at column 4, line 66-column 6.
Niewczas discloses receive a service provision request message including a voice of a speaker from the user terminal; analyze the voice included in the service provision request message to identify the speaker of the voice, which is to be corresponded to one of the plurality of users. See column 2, lines 51-57 disclosing that when a user speaks a voice command such as “play music” into a smartphone or other client system, the voice command may be compared with the user's voiceprint to identify the user as the speaker. The smartphone may then perform an action associated with the command using the user's identity, e.g., playing music from the user's music library. Additionally, the social-networking system may use the user's social-networking information when identifying or authenticating the user based on the voiceprint, and when performing actions based on voice commands. See also column 17, lines 52-65. This element is interpreted under 35 U.S.C. 112(f) as the processor, with the identification unit of the service providing server that analyzes the voice of the speaker and extracts speaker voice data having the same format as the registered voice data described in the specification at columns 6, lines 37-42 and Table 1 in column 5.
Niewczas discloses determine at least a part of the preferred content information of an identified user as a customized content for the speaker. See column 32, lines 16-20 discloses that the social-networking system can provide customized content to the identified users based on their social-networking information. The customized content is personalized to match their interests and includes ads, newsfeeds, push notifications, coupons, etc. See column 34, lines 21-48 disclosing the social-networking system may send customized content to one or more of the first user or the second user based on their social-networking information. The social-networking system may generate the customized content based on one or more interests of the first user or the second user, wherein the one or more interests are received from the online social network. In particular embodiments, the customized content may comprise content having one or more topics that match the interests of the first user or the second user. In particular embodiments, the customized content may comprise advertisements, news feeds, push notifications, place tips, coupons, suggestions, or a combination thereof. See also figure 6. This element is interpreted under 35 U.S.C. 112(f) as the processor, with the determination unit for determining the customized content described in the specification at column 6.
Niewczas discloses providing customized content to the users in the form of ads, newsfeeds and push notifications in response to a voice analysis; however, to the extent Niewczas may not disclose generating a customized service proposal message, Hansen discloses generate, by the service providing server, a customized service proposal message based on the customized content and a result of the voice analysis; transmit the generated customized service proposal message to the user terminal to output the customized service proposal message to the speaker. See column 11, lines 25-36 disclosing the family interaction engine may automatically sense the presence of individual users (e.g., using voice identification or face recognition), and the family interaction engine may automatically show or hide containers, based on the preferences of those detected users. See column 20, lines 25-41 and figure 7 disclosing presenting new recommendations based on the detected user. The family interaction engine may use the content recommendation module when determining content for the family channel and when determining content for each individual user's home screen. As indicated above with regard to the recommended content panel, the home screen may include a container for presenting content recommendations, based on the user profile for the current user. In particular, the content recommendation module may present recommendations based on a preference model for the current user. The preference models for the users may be stored in the respective user profiles, or in any other suitable location. Hansen discloses presenting the recommendations on the tablet. This element is interpreted under 35 U.S.C. 112(f) as the processor, with the determination unit for determining the customized content described in the specification at columns 6-7
Hansen discloses receive a customized service approval message from the user terminal; generate a control command needed to provide a customized service for the speaker; and transmit the generated control command to an external electronic device to provide the customized service. See column 31, lines 7-column 32, lines 27 disclosing a scenario in which a Mom has used the video player application to cause a selected program to be presented by a separate home theater system in the living room. When Mom first picks up the tablet to turn on the Olympics, the application tailoring module may use the tablet's camera to automatically detect that Mom is the current user. The application tailoring module may then consult the user profile for the current user, to identify any preferences for the current user that are relevant to the application. The video player application can be configured to cooperate or integrate with a separate home theater system in the living room. Alternatively, applications may be configured to cooperate or integrate with other external or remote device, including without limitation external media devices, such as televisions, video game consoles, streaming video players, audio receivers, etc. In another scenario, applications may be configured to present both media and supplemental data on the tablet. In the example scenario, Mom has used the video player application to cause a selected program to be presented by a separate home theater system in the living room. This element is interpreted under 35 U.S.C. 112(f) as the processor, with the determination unit for determining the customized content described in the specification at column 6.
It would have been obvious to a skilled artisan at the time of the invention to have incorporated Hansen’s features of providing a customized service proposal message and providing the customized service based on a user’s approval within Niewczas’s system of providing customized content because both Niewczas and Hansen were directed to presenting customized content to users based on voice recognition and a skilled artisan at the time of the invention would have been motivated to implement Hansen’s features of prompting a user with a proposal method as a way of facilitating direct content selection of a user’s choice to an external device and the results would have been predictable.
Regarding claim 3, Niewczas discloses the method of claim 1, wherein the analyzing the voice includes analyzing a call portion in a message presented by the voice and analyzing a request portion in the message presented by the voice, wherein steps of analyzing the call portion and analyzing the request portion are independently performed. See column 2, lines 42-61 disclosing that the social-networking system may use the voiceprint to identify or authenticate a user based on audio input, and then perform actions based on voice commands in the audio input. For example, a user at a client system, such as a smartphone, may establish a voiceprint by speaking several words or phrases into a microphone of the smartphone, which may record the user's speech as audio input. A voiceprint may be generated based on the audio input and stored in the data store as the user's voiceprint. Subsequently, when that user speaks a voice command such as “play music” into a smartphone or other client system, the voice command may be compared with the user's voiceprint to identify the user as the speaker. The smartphone may then perform an action associated with the command using the user's identity, e.g., playing music from the user's music library.
Regarding claim 4, Niewczas discloses the service providing server of claim 2, wherein the one or more processors are configured to analyze a call portion in a message presented by the voice and analyze a request portion in the message presented by the voice, and wherein the one or more processors analyze the call portion and the request portion independently. See column 2, lines 42-61 disclosing that the social-networking system may use the voiceprint to identify or authenticate a user based on audio input, and then perform actions based on voice commands in the audio input. For example, a user at a client system, such as a smartphone, may establish a voiceprint by speaking several words or phrases into a microphone of the smartphone, which may record the user's speech as audio input. A voiceprint may be generated based on the audio input and stored in the data store as the user's voiceprint. Subsequently, when that user speaks a voice command such as “play music” into a smartphone or other client system, the voice command may be compared with the user's voiceprint to identify the user as the speaker. The smartphone may then perform an action associated with the command using the user's identity, e.g., playing music from the user's music library. This element is interpreted under 35 U.S.C. 112(f) as the processor, with the speaker identifier unit for performing the call analysis (see column 5, lines 38-55) and the determination unit for analyzing the request portion (see column 5, lines 56-67).
Regarding claim 5, Niewczas discloses a method for providing a personalized voice recognition service, the method comprising. See column 1, lines 7-8 and column 2, lines 27-61 disclosing a method of using voice recognition in a social-networking environment and a method of recording and analyzing a user’s voice to determine a digital voiceprint for the user. See also column 17, lines 27-65.
Niewczas discloses receiving, by a service providing server, a voice registration request of each of a plurality of users from a user terminal. See column 2, lines 27-61 where Niewczas discloses receiving a voiceprint by a client system, stored on the social-networking system. A user at a client system, such as a smartphone, may establish a voiceprint by speaking words and phrases into the microphone of the smartphone which records the user’s speech as audio input. A voiceprint is generated based on the audio input and stored in the data store as a user’s voiceprint. Multiple users are able to create voiceprints (first and second users). See columns 2-3. See also column 17, lines 27-65.
Niewczas discloses performing, by the service providing server, a mapping of voice information of each of the plurality of users included in the voice registration request with user information including identification information and preferred content information, and storing the mapped information in the service providing server. See column 2, lines 49-51 disclosing that a voiceprint generated based on the audio input is stored in a data store a user’s voiceprint. The social-networking system includes one or more user-profile stores for storing user profiles such as biographic information, demographic information, social information, educational and work history, hobbies, interests, affinities, etc. See column 8, lines 14-28. See also column 17, lines 27-65. Niewczas discloses that when the social networking system first receives a first audio input from an unknown user, the social-networking system receives identify information for the unknown user, generates a new voiceprint based on the first audio input and stores the new voiceprint in association with identify information for subsequent access by the social networking system. See column 25, lines 50-57. Column 32, lines 16-20 discloses that the social-networking system can provide customized content to the identified users based on their social-networking information. The customized content is personalized to match their interests and includes ads, newsfeeds, push notifications, coupons, etc. See column 34, lines 21-48 disclosing the social-networking system may send customized content to one or more of the first user or the second user based on their social-networking information. The social-networking system may generate the customized content based on one or more interests of the first user or the second user, wherein the one or more interests are received from the online social network. In particular embodiments, the customized content may comprise content having one or more topics that match the interests of the first user or the second user. In particular embodiments, the customized content may comprise advertisements, news feeds, push notifications, place tips, coupons, suggestions, or a combination thereof. See also figure 6. See also column 6, lines 42-55 disclosing the information stored in data stores may be organized according to specific data structures. In particular embodiments, each data store may be a relational, columnar, correlation, or other suitable database. Although this disclosure describes or illustrates particular types of databases, this disclosure contemplates any suitable types of databases. Particular embodiments may provide interfaces that enable a client system, a social-networking system, or a third-party system to manage, retrieve, modify, add, or delete, the information stored in data store.
Niewczas discloses receiving, by the service providing server, a service provision request message including a voice of a speaker from the user terminal; analyzing, by the service providing server, the voice included in the service provision request message to identify the speaker of the voice, which is to be corresponded to one of the plurality of users. See column 2, lines 51-57 disclosing that when a user speaks a voice command such as “play music” into a smartphone or other client system, the voice command may be compared with the user's voiceprint to identify the user as the speaker. The smartphone may then perform an action associated with the command using the user's identity, e.g., playing music from the user's music library. Additionally, the social-networking system may use the user's social-networking information when identifying or authenticating the user based on the voiceprint, and when performing actions based on voice commands. See also column 17, lines 52-65.
Niewczas discloses determining, by the service providing server, at least a part of the preferred content information of an identified user as a customized content for the speaker. See column 32, lines 16-20 discloses that the social-networking system can provide customized content to the identified users based on their social-networking information. The customized content is personalized to match their interests and includes ads, newsfeeds, push notifications, coupons, etc. See column 34, lines 21-48 disclosing the social-networking system may send customized content to one or more of the first user or the second user based on their social-networking information. The social-networking system may generate the customized content based on one or more interests of the first user or the second user, wherein the one or more interests are received from the online social network. In particular embodiments, the customized content may comprise content having one or more topics that match the interests of the first user or the second user. In particular embodiments, the customized content may comprise advertisements, news feeds, push notifications, place tips, coupons, suggestions, or a combination thereof. See also figure 6.
Hansen discloses generating, by the service providing server, a control command needed to provide a customized service for the speaker. See column 31, lines 7-column 32, lines 27 disclosing a scenario in which a Mom has used the video player application to cause a selected program to be presented by a separate home theater system in the living room. When Mom first picks up the tablet to turn on the Olympics, the application tailoring module may use the tablet's camera to automatically detect that Mom is the current user. The application tailoring module may then consult the user profile for the current user, to identify any preferences for the current user that are relevant to the application. The video player application can be configured to cooperate or integrate with a separate home theater system in the living room. Alternatively, applications may be configured to cooperate or integrate with other external or remote device, including without limitation external media devices, such as televisions, video game consoles, streaming video players, audio receivers, etc. In another scenario, applications may be configured to present both media and supplemental data on the tablet. In the example scenario, Mom has used the video player application to cause a selected program to be presented by a separate home theater system in the living room.
It would have been obvious to a skilled artisan at the time of the invention to have incorporated Hansen’s features of providing a customized service proposal message and providing the customized service based on a user’s approval within Niewczas’s system of providing customized content because both Niewczas and Hansen were directed to presenting customized content to users based on voice recognition and a skilled artisan at the time of the invention would have been motivated to implement Hansen’s features of prompting a user with a proposal method as a way of facilitating direct content selection of a user’s choice to an external device and the results would have been predictable.
Regarding claim 6, Niewczas discloses wherein the analyzing the voice includes analyzing a call portion in a message presented by the voice; and analyzing a request portion in the message presented by the voice, wherein said analyzing the call portion and said analyzing the request portion are independently performed. See column 2, lines 42-61 disclosing that the social-networking system may use the voiceprint to identify or authenticate a user based on audio input, and then perform actions based on voice commands in the audio input. For example, a user at a client system, such as a smartphone, may establish a voiceprint by speaking several words or phrases into a microphone of the smartphone, which may record the user's speech as audio input. A voiceprint may be generated based on the audio input and stored in the data store as the user's voiceprint. Subsequently, when that user speaks a voice command such as “play music” into a smartphone or other client system, the voice command may be compared with the user's voiceprint to identify the user as the speaker. The smartphone may then perform an action associated with the command using the user's identity, e.g., playing music from the user's music library.
Regarding claim 7, Niewczas discloses the method of claim 5, wherein analyzing the voice comprises: identifying the speaker of the voice based on a text-dependent analysis. See column 2, lines 15-24 disclosing, “voice profiles can be generated for individual users to store data specific to each individual user for use in recognizing each individual user's speech. The voice profile information may include parameters such as the user's default language or a speaker-dependent model generated based on that user's voice…” Niewczas further discloses storing a voiceprint for a user so that a voiceprint match can be performed for a speaker upon subsequently receiving audio input from the same speaker. See columns 2-3 and column 17, lines 47-65.
Regarding claim 8, Niewczas discloses the method of claim 5, wherein analyzing the voice comprises: identifying the speaker of the voice based on a part of the voice included in the service provision request message. See column 2, lines 15-24 disclosing, “voice profiles can be generated for individual users to store data specific to each individual user for use in recognizing each individual user's speech. The voice profile information may include parameters such as the user's default language or a speaker-dependent model generated based on that user's voice…” Niewczas further discloses storing a voiceprint for a user so that a voiceprint match can be performed for a speaker upon subsequently receiving audio input from the same speaker such as when a user issues a voice command such as “play music”. See columns 2-3 and column 17, lines 47-65.
Regarding claim 9, Niewczas discloses the method of claim 8, wherein identifying the speaker comprises: identifying the speaker of the voice based on the part of the voice by a text-dependent analysis. See column 2, lines 15-24 disclosing, “voice profiles can be generated for individual users to store data specific to each individual user for use in recognizing each individual user's speech. The voice profile information may include parameters such as the user's default language or a speaker-dependent model generated based on that user's voice…” Niewczas further discloses storing a voiceprint for a user so that a voiceprint match can be performed for a speaker upon subsequently receiving audio input from the same speaker. See columns 2-3 and column 17, lines 47-65.
Regarding claim 10, Niewczas discloses the method of claim 8, wherein identifying the speaker comprises: identifying the speaker of the voice by comparing a first voice information included in the service provision request message with a second voice information stored in the server. See column 2, lines 15-24 disclosing, “voice profiles can be generated for individual users to store data specific to each individual user for use in recognizing each individual user's speech. The voice profile information may include parameters such as the user's default language or a speaker-dependent model generated based on that user's voice…” Niewczas further discloses storing a voiceprint for a user so that a voiceprint match can be performed for a speaker upon subsequently receiving audio input from the same speaker. Niewczas further discloses storing a voiceprint for a user so that a voiceprint match can be performed for a speaker upon subsequently receiving audio input from the same speaker such as when a user issues a voice command such as “play music”. See columns 2-3 and column 17, lines 47-65.
Regarding claim 11, Niewczas discloses the method of claim 5, wherein the service providing server further identifies an additional speaker based on a voice of the additional speaker who spoke the voice received from the user terminal. See column 20, lines 4-7 disclosing the social-networking system 160 may receive, from a client system 130 of a first user 180 of the online social network, an audio input from a second user 182, wherein the audio input comprises one or more voice commands.
Regarding claim 12, Niewczas discloses the method of claim 5, wherein the determining the at least part of the preferred content information comprises: determining a second customized content for the speaker and an additional speaker based on receiving, from the suer terminal, a request for the second customized content from the additional speaker is received. See column 20, lines 4-7 disclosing the social-networking system 160 may receive, from a client system 130 of a first user 180 of the online social network, an audio input from a second user 182, wherein the audio input comprises one or more voice commands. See column 22, lines 16-24 disclosing in reference to figure 3, At step 350, the social-networking system 160 may perform the action associated with each voice command using a user identity associated with the second user 182. Additionally, Hansen discloses a family interaction engine in which an additional user can make a request for second customized content in a shared tablet. See column 5, lines 45-column 6, line 3 disclosing a shared tablet may frequently be handed from one user to another. If the first user happens to already be logged in to the account that the second user intends to use, the second user may easily access the desired content. Otherwise, with a conventional tablet, a cumbersome and inefficient process may be required to log the first user out and to log the second user in to the desired account. By contrast, according to the present disclosure, the family interaction engine may automatically determine which user is holding the tablet, and the family interaction engine may automatically change the user interface and the open user account in response to detecting that the tablet has been handed from one user to another. More details concerning the types of operations that may be performed when the tablet is handed from one user to another are provided below, with regard to FIG. 8. Also, when the tablet is being used to present media content, the family interaction engine may determine which user is currently interacting with the tablet, and the family interaction engine may cause the tablet to display supplemental data that is relevant both to the media content and to a predetermined interest of the current user. The family interaction engine may then determine that a second user is interacting with the tablet. In response, the family interaction engine may cause the tablet to display new supplemental data that is relevant to the media content and to a predetermined interest of the second user. See also column 43.
Regarding claim 13, Niewczas discloses the method of claim 5, wherein the service providing server is configured to receive the registration information from an external electronic device and store the received registration information in a storage of the service providing server. See column 2, lines 27-61 where Niewczas discloses receiving a voiceprint by a client system, stored on the social-networking system. A user at a client system, such as a smartphone, may establish a voiceprint by speaking words and phrases into the microphone of the smartphone which records the user’s speech as audio input. A voiceprint is generated based on the audio input and stored in the data store as a user’s voiceprint. Multiple users are able to create voiceprints (first and second users). See columns 2-3. See also column 17, lines 27-65. This element is interpreted under 35 U.S.C. 112(f) as the service providing server that receives the registration information from an external device and the storage unit of the service providing server described in the specification at column 4, lines 51-column 5, line 5.
Regarding claim 14, Niewczas discloses the method of claim 5, wherein the service provision request message includes a call portion and a request portion. See column 2, lines 42-61 disclosing that the social-networking system may use the voiceprint to identify or authenticate a user based on audio input, and then perform actions based on voice commands in the audio input. For example, a user at a client system, such as a smartphone, may establish a voiceprint by speaking several words or phrases into a microphone of the smartphone, which may record the user's speech as audio input. A voiceprint may be generated based on the audio input and stored in the data store as the user's voiceprint. Subsequently, when that user speaks a voice command such as “play music” into a smartphone or other client system, the voice command may be compared with the user's voiceprint to identify the user as the speaker. The smartphone may then perform an action associated with the command using the user's identity, e.g., playing music from the user's music library.
Regarding claim 15, Niewczas discloses the method of claim 5, wherein the speaker of the voice is identified by the call portion of a service provision request message. See column 2, lines 42-61 disclosing that the social-networking system may use the voiceprint to identify or authenticate a user based on audio input, and then perform actions based on voice commands in the audio input. For example, a user at a client system, such as a smartphone, may establish a voiceprint by speaking several words or phrases into a microphone of the smartphone, which may record the user's speech as audio input. A voiceprint may be generated based on the audio input and stored in the data store as the user's voiceprint. Subsequently, when that user speaks a voice command such as “play music” into a smartphone or other client system, the voice command may be compared with the user's voiceprint to identify the user as the speaker. The smartphone may then perform an action associated with the command using the user's identity, e.g., playing music from the user's music library.
Regarding claim 16, Niewczas discloses a service providing server comprising one or more processors. See column 1, lines 7-8 and column 2, lines 27-61 disclosing a system of using voice recognition in a social-networking system and a system of recording and analyzing a user’s voice to determine a digital voiceprint for the user in order to tailor customized content. See column 3, lines 43-47, column 17, lines 27-65, and column 32, lines 10-28. See figure 1 and column 48 disclosing a computer system including a processor, memory, storage, I/O interface, communication interface and a bus.
Niewczas discloses receive a voice registration request of each of a plurality of users from a user terminal. See column 2, lines 27-61 where Niewczas discloses receiving a voiceprint by a client system, stored on the social-networking system. A user at a client system, such as a smartphone, may establish a voiceprint by speaking words and phrases into the microphone of the smartphone which records the user’s speech as audio input. A voiceprint is generated based on the audio input and stored in the data store as a user’s voiceprint. Multiple users are able to create voiceprints (first and second users). See columns 2-3. See also column 17, lines 27-65. This element is interpreted under 35 U.S.C. 112(f) as the service providing server that receives the registration information from an external device described in the specification at column 4, lines 51-column 5, line 5.
Niewczas discloses perform a mapping of voice information of each of the plurality of users included in the voice registration request with user information including identification information and preferred content information, and storing the mapped information in the service providing server. See column 2, lines 49-51 disclosing that a voiceprint generated based on the audio input is stored in a data store a user’s voiceprint. The social-networking system includes one or more user-profile stores for storing user profiles such as biographic information, demographic information, social information, educational and work history, hobbies, interests, affinities, etc. See column 8, lines 14-28. See also column 17, lines 27-65. Niewczas discloses that when the social networking system first receives a first audio input from an unknown user, the social-networking system receives identify information for the unknown user, generates a new voiceprint based on the first audio input and stores the new voiceprint in association with identify information for subsequent access by the social networking system. See column 25, lines 50-57. Column 32, lines 16-20 discloses that the social-networking system can provide customized content to the identified users based on their social-networking information. The customized content is personalized to match their interests and includes ads, newsfeeds, push notifications, coupons, etc. See column 34, lines 21-48 disclosing the social-networking system may send customized content to one or more of the first user or the second user based on their social-networking information. The social-networking system may generate the customized content based on one or more interests of the first user or the second user, wherein the one or more interests are received from the online social network. In particular embodiments, the customized content may comprise content having one or more topics that match the interests of the first user or the second user. In particular embodiments, the customized content may comprise advertisements, news feeds, push notifications, place tips, coupons, suggestions, or a combination thereof. See also figure 6. See also column 6, lines 42-55 disclosing the information stored in data stores may be organized according to specific data structures. In particular embodiments, each data store may be a relational, columnar, correlation, or other suitable database. Although this disclosure describes or illustrates particular types of databases, this disclosure contemplates any suitable types of databases. Particular embodiments may provide interfaces that enable a client system, a social-networking system, or a third-party system to manage, retrieve, modify, add, or delete, the information stored in data store. This element is interpreted under 35 U.S.C. 112(f) as the service providing server, with the identification and determination unit for identifying a user and determining the customized content described in the specification at column 4, line 66-column 6.
Niewczas discloses receive a service provision request message including a voice of a speaker from the user terminal; analyze the voice included in the service provision request message to identify the speaker of the voice, which is to be corresponded to one of the plurality of users. See column 2, lines 51-57 disclosing that when a user speaks a voice command such as “play music” into a smartphone or other client system, the voice command may be compared with the user's voiceprint to identify the user as the speaker. The smartphone may then perform an action associated with the command using the user's identity, e.g., playing music from the user's music library. Additionally, the social-networking system may use the user's social-networking information when identifying or authenticating the user based on the voiceprint, and when performing actions based on voice commands. See also column 17, lines 52-65. This element is interpreted under 35 U.S.C. 112(f) as the processor, with the identification unit of the service providing server that analyzes the voice of the speaker and extracts speaker voice data having the same format as the registered voice data described in the specification at columns 6, lines 37-42 and Table 1 in column 5.
Niewczas discloses determine at least a part of the preferred content information of an identified user as a customized content for the speaker. See column 32, lines 16-20 discloses that the social-networking system can provide customized content to the identified users based on their social-networking information. The customized content is personalized to match their interests and includes ads, newsfeeds, push notifications, coupons, etc. See column 34, lines 21-48 disclosing the social-networking system may send customized content to one or more of the first user or the second user based on their social-networking information. The social-networking system may generate the customized content based on one or more interests of the first user or the second user, wherein the one or more interests are received from the online social network. In particular embodiments, the customized content may comprise content having one or more topics that match the interests of the first user or the second user. In particular embodiments, the customized content may comprise advertisements, news feeds, push notifications, place tips, coupons, suggestions, or a combination thereof. See also figure 6. This element is interpreted under 35 U.S.C. 112(f) as the processor, with the determination unit for determining the customized content described in the specification at column 6.
Hansen discloses generate a control command needed to provide a customized service for the speaker. See column 31, lines 7-column 32, lines 27 disclosing a scenario in which a Mom has used the video player application to cause a selected program to be presented by a separate home theater system in the living room. When Mom first picks up the tablet to turn on the Olympics, the application tailoring module may use the tablet's camera to automatically detect that Mom is the current user. The application tailoring module may then consult the user profile for the current user, to identify any preferences for the current user that are relevant to the application. The video player application can be configured to cooperate or integrate with a separate home theater system in the living room. Alternatively, applications may be configured to cooperate or integrate with other external or remote device, including without limitation external media devices, such as televisions, video game consoles, streaming video players, audio receivers, etc. In another scenario, applications may be configured to present both media and supplemental data on the tablet. In the example scenario, Mom has used the video player application to cause a selected program to be presented by a separate home theater system in the living room. This element is interpreted under 35 U.S.C. 112(f) as the processor, with the determination unit for determining the customized content described in the specification at column 6.
It would have been obvious to a skilled artisan at the time of the invention to have incorporated Hansen’s features of providing a customized service proposal message and providing the customized service based on a user’s approval within Niewczas’s system of providing customized content because both Niewczas and Hansen were directed to presenting customized content to users based on voice recognition and a skilled artisan at the time of the invention would have been motivated to implement Hansen’s features of prompting a user with a proposal method as a way of facilitating direct content selection of a user’s choice to an external device and the results would have been predictable.
Regarding claim 17, Niewczas discloses the service providing server of claim 16, wherein the one or more processors are further configured to analyze a call portion in a message presented by the voice; and analyze a request portion in the message presented by the voice, wherein said analyzing the call portion and said analyzing the request portion are independently performed. See column 2, lines 42-61 disclosing that the social-networking system may use the voiceprint to identify or authenticate a user based on audio input, and then perform actions based on voice commands in the audio input. For example, a user at a client system, such as a smartphone, may establish a voiceprint by speaking several words or phrases into a microphone of the smartphone, which may record the user's speech as audio input. A voiceprint may be generated based on the audio input and stored in the data store as the user's voiceprint. Subsequently, when that user speaks a voice command such as “play music” into a smartphone or other client system, the voice command may be compared with the user's voiceprint to identify the user as the speaker. The smartphone may then perform an action associated with the command using the user's identity, e.g., playing music from the user's music library. This element is interpreted under 35 U.S.C. 112(f) as the processor, with the speaker identifier unit for performing the call analysis (see column 5, lines 38-55) and the determination unit for analyzing the request portion (see column 5, lines 56-67).
Regarding claim 18, Niewczas discloses the service providing server of claim 16, wherein the one or more processors are further configured to analyze the voice comprises: identifying the speaker of the voice based on a text-dependent analysis. See column 2, lines 15-24 disclosing, “voice profiles can be generated for individual users to store data specific to each individual user for use in recognizing each individual user's speech. The voice profile information may include parameters such as the user's default language or a speaker-dependent model generated based on that user's voice…” Niewczas further discloses storing a voiceprint for a user so that a voiceprint match can be performed for a speaker upon subsequently receiving audio input from the same speaker. See columns 2-3. This element is interpreted under 35 U.S.C. 112(f) as the processor, with the speaker identifier unit for determining the speaker. See column 2, lines 8-28.
Regarding claim 19, Niewczas discloses the service providing server of claim 16, wherein the one or more processors are further configured to identify the speaker of the voice based on a part of the voice included in the service provision request message. See column 2, lines 15-24 disclosing, “voice profiles can be generated for individual users to store data specific to each individual user for use in recognizing each individual user's speech. The voice profile information may include parameters such as the user's default language or a speaker-dependent model generated based on that user's voice…” Niewczas further discloses storing a voiceprint for a user so that a voiceprint match can be performed for a speaker upon subsequently receiving audio input from the same speaker such as when a user issues a voice command such as “play music”. See columns 2-3 and column 17, lines 47-65. See columns 2-3. This element is interpreted under 35 U.S.C. 112(f) as the processor, with the speaker identifier unit for determining the speaker. See column 2, lines 8-28.
Regarding claim 20, Niewczas discloses the service providing server of claim 19, wherein the one or more processors are further configured to identify the speaker of the voice based on the part of the voice by a text-dependent analysis. See column 2, lines 15-24 disclosing, “voice profiles can be generated for individual users to store data specific to each individual user for use in recognizing each individual user's speech. The voice profile information may include parameters such as the user's default language or a speaker-dependent model generated based on that user's voice…” Niewczas further discloses storing a voiceprint for a user so that a voiceprint match can be performed for a speaker upon subsequently receiving audio input from the same speaker. See columns 2-3. This element is interpreted under 35 U.S.C. 112(f) as the processor, with the speaker identifier unit for determining the speaker. See column 2, lines 8-28.
Regarding claim 21, Niewczas discloses the service providing server of claim 19, wherein the one or more processors are further configured to identify the speaker of the voice by identifying the speaker of the voice by comparing a first voice information included in the service provision request message with a second voice information stored in the server. See column 2, lines 15-24 disclosing, “voice profiles can be generated for individual users to store data specific to each individual user for use in recognizing each individual user's speech. The voice profile information may include parameters such as the user's default language or a speaker-dependent model generated based on that user's voice…” Niewczas further discloses storing a voiceprint for a user so that a voiceprint match can be performed for a speaker upon subsequently receiving audio input from the same speaker. Niewczas further discloses storing a voiceprint for a user so that a voiceprint match can be performed for a speaker upon subsequently receiving audio input from the same speaker such as when a user issues a voice command such as “play music”. See columns 2-3 and column 17, lines 47-65. See columns 2-3. This element is interpreted under 35 U.S.C. 112(f) as the processor, with the speaker identifier unit for determining the speaker. See column 2, lines 8-28.
Regarding claim 22, Niewczas discloses the service providing server of claim 16, wherein the service providing server further identifies an additional speaker based on a voice of the additional speaker received from the user terminal. See column 20, lines 4-7 disclosing the social-networking system 160 may receive, from a client system 130 of a first user 180 of the online social network, an audio input from a second user 182, wherein the audio input comprises one or more voice commands.
Regarding claim 23, Niewczas discloses the service providing server of claim 16, wherein the one or more processors are further configured to determine the at least part of the preferred content information by determining a second customized content for the speaker and an additional speaker based on receiving, from the user terminal, a request for the second customized content by additional speaker is received. See column 20, lines 4-7 disclosing the social-networking system 160 may receive, from a client system 130 of a first user 180 of the online social network, an audio input from a second user 182, wherein the audio input comprises one or more voice commands. See column 22, lines 16-24 disclosing in reference to figure 3, At step 350, the social-networking system 160 may perform the action associated with each voice command using a user identity associated with the second user 182. Additionally, Hansen discloses a family interaction engine in which an additional user can make a request for second customized content in a shared tablet. See column 5, lines 45-column 6, line 3 disclosing a shared tablet may frequently be handed from one user to another. If the first user happens to already be logged in to the account that the second user intends to use, the second user may easily access the desired content. Otherwise, with a conventional tablet, a cumbersome and inefficient process may be required to log the first user out and to log the second user in to the desired account. By contrast, according to the present disclosure, the family interaction engine may automatically determine which user is holding the tablet, and the family interaction engine may automatically change the user interface and the open user account in response to detecting that the tablet has been handed from one user to another. More details concerning the types of operations that may be performed when the tablet is handed from one user to another are provided below, with regard to FIG. 8. Also, when the tablet is being used to present media content, the family interaction engine may determine which user is currently interacting with the tablet, and the family interaction engine may cause the tablet to display supplemental data that is relevant both to the media content and to a predetermined interest of the current user. The family interaction engine may then determine that a second user is interacting with the tablet. In response, the family interaction engine may cause the tablet to display new supplemental data that is relevant to the media content and to a predetermined interest of the second user. See also column 43. This element is interpreted under 35 U.S.C. 112(f) as the processor, with the speaker identifier unit for performing the call analysis (see column 5, lines 38-55) and the determination unit for analyzing the request portion (see column 5, lines 56-67).
Regarding claim 24, Niewczas discloses wherein the service providing server is configured to receive the registration information from an external electronic device and store the received registration information in a storage of the service providing server. See column 2, lines 27-61 where Niewczas discloses receiving a voiceprint by a client system, stored on the social-networking system. A user at a client system, such as a smartphone, may establish a voiceprint by speaking words and phrases into the microphone of the smartphone which records the user’s speech as audio input. A voiceprint is generated based on the audio input and stored in the data store as a user’s voiceprint. Multiple users are able to create voiceprints (first and second users). See columns 2-3. See also column 17, lines 27-65. This element is interpreted under 35 U.S.C. 112(f) as the service providing server that receives the registration information from an external device and the storage unit of the service providing server described in the specification at column 4, lines 51-column 5, line 5.
Regarding claim 25, Niewczas discloses wherein the service provision request message includes a call portion and a request portion. See column 2, lines 42-61 disclosing that the social-networking system may use the voiceprint to identify or authenticate a user based on audio input, and then perform actions based on voice commands in the audio input. For example, a user at a client system, such as a smartphone, may establish a voiceprint by speaking several words or phrases into a microphone of the smartphone, which may record the user's speech as audio input. A voiceprint may be generated based on the audio input and stored in the data store as the user's voiceprint. Subsequently, when that user speaks a voice command such as “play music” into a smartphone or other client system, the voice command may be compared with the user's voiceprint to identify the user as the speaker. The smartphone may then perform an action associated with the command using the user's identity, e.g., playing music from the user's music library.
Regarding claim 26, Niewczas discloses wherein the speaker of the voice is identified by the call portion of a service provision request message. See column 2, lines 42-61 disclosing that the social-networking system may use the voiceprint to identify or authenticate a user based on audio input, and then perform actions based on voice commands in the audio input. For example, a user at a client system, such as a smartphone, may establish a voiceprint by speaking several words or phrases into a microphone of the smartphone, which may record the user's speech as audio input. A voiceprint may be generated based on the audio input and stored in the data store as the user's voiceprint. Subsequently, when that user speaks a voice command such as “play music” into a smartphone or other client system, the voice command may be compared with the user's voiceprint to identify the user as the speaker. The smartphone may then perform an action associated with the command using the user's identity, e.g., playing music from the user's music library.
Response to Arguments
Rejections 35 U.S.C. 112 & 35 USC 251 (Claim Support)
11. In light of Applicant’s arguments on pages 17-18, the rejections under 35 U.S.C. 112(b)/2nd paragraph and the rejections regarding new matter under 251 are withdrawn; however, it is noted the Recapture rejections remain.
Obviousness Rejections
“receiving...a service provision request message” and , in response, “determining, by the service providing server, at least a part of the preferred content information of an identified user as a customized content for the speaker”
12. Beginning on page 22 of the response, Applicant argues Niewczas discloses “voice printing presence detection” in which a social networking system provides customized content in response to passively detecting “one or more people speaking” or user’s location, but does not contemplate determining...preferred content information of an identified user as a customized content for the speaker of an explicit service provision request message. In contrast, Applicant argues the voice printing presence detection is used to passively populate a user’s social network feeds independent of any user request or request message.
Examiner disagrees.
Niewczas discloses when a user speaks a voice command such as “play music” into a smartphone or other client system, the voice command may be compared with the user's voiceprint to identify the user as the speaker. The smartphone may then perform an action associated with the command using the user's identity, e.g., playing music from the user's music library. The argument that the determination of at least part of the preferred content information of an identified user as customized content for the speaker does not occur in response to a service provision request message in not accurate. In receiving the command “play music”, Niewczas first compares the command with a user’s voiceprint to identify the user. Then only is the command carried out such as playing music from the user’s music library. The user’s music library is at least part of the preferred content as ”customized content.
Applicant further argues explicit voice commands, such as “play music” may perform an action associated with the command using the user’s identity but does not indicate where the music library is stored. Applicant argues, one can assume the music library is stored on the device responsible for performing the action which does not disclose determining preferred content information of an identified user as customized content.
Examiner disagrees. Niewczas teachings cited above state that the “play music” voice command results in playing music from the user’s music library after comparing the command with a user’s voiceprint. This reads on the claim because the user’s music library is “customized content”. For example, the system would not play another user’s music library in response to this determination, but rather it would play the user’s specific music library. As to where the music library is stored, Examiner does not find the claim to specify the location of where the customized content is provided. Thus, Examiner finds that Niewczas discloses determining preferred content of an identified user as customized content in response to receiving a voice command.
Moreover, Niewczas discloses providing customized content to the identified user based on their social networking information following the identification of a user based on their voiceprint. See column 17, liens 52-65 and column 32, lines 16-20. The customized content is personalized to match interests and includes ads, newsfeeds coupons, push notifications, etc. See also column 34, lines 21-48.
“receiving...a service provision request message” and, in response, “generating, by the service providing server, a control command needed to provide a customized service for the speaker”
13. Beginning on page 24, Applicant argues the references fail to disclose “receiving...a service provision request message” and, in response, “generating, by the service providing server, a control command needed to provide a customized service for the speaker”. Applicant argues the ‘768 Patent teaches the “service providing server” satisfies user requests using one or more devices citing column 3, 7 and figure 1. Applicant argues the control commands operate other devices such as a user terminal including a device having a microphone module, speaker module and communication module. Applicant references a smart TV as an example of a user terminal. Applicant argues the control commands may be configured to operate the user terminal 100. Applicant argues Hansen discloses a family interaction engine that automatically senses the presence of individual users (via voice or face recognition) and shows or hides containers based on the preferences of those users. Applicant, citing figure 3, states these containers are user interface elements and that the family interaction engine can tailor applications for a user (column 30, lines 54-56). Applicant argues the dynamic tailoring begins when the tablet launches an application such as a music player, video player, social networking application, etc. However, Applicant argues that although Hansen can integrate with other external or remote devices, Hansen does not disclose how it is achieved or generating, by the service providing server, a control command needed to provide customized service for the speaker”. Applicant argues it is instead delegated to a third-party application.
Examiner disagrees and redirects to the substance of the rejection cited above.
Hansen discloses (See column 31, lines 7-column 32, lines 27) a scenario in which a Mom has used the video player application to cause a selected program to be presented by a separate home theater system in the living room. When Mom first picks up the tablet to turn on the Olympics, the application tailoring module may use the tablet's camera or voice recognition to automatically detect that Mom is the current user (see column 11, lines 26-31 regarding voice recognition). The application tailoring module may then consult the user profile for the current user, to identify any preferences for the current user that are relevant to the application. The video player application can be configured to cooperate or integrate with a separate home theater system in the living room. Alternatively, applications may be configured to cooperate or integrate with other external or remote device, including without limitation external media devices, such as televisions, video game consoles, streaming video players, audio receivers, etc. In another scenario, applications may be configured to present both media and supplemental data on the tablet. In the example scenario, Mom has used the video player application to cause a selected program to be presented by a separate home theater system in the living room. Thus, Examiner finds that Hansen discloses generating, by the service providing server, a control command needed to provide a customized service for the speaker. In this case, the video player application causes the program to be presented in a separate home theater system which is generating a control command needed to provide a customized service for the speaker”
Motivation to combine
14. On page 30, Applicant argues there is not motivation to combine Hansen with Niewczas. Examiner disagrees. It would have been obvious to a skilled artisan at the time of the invention to have incorporated Hansen’s features of providing a customized service proposal message and providing the customized service based on a user’s approval within Niewczas’s system of providing customized content because both Niewczas and Hansen were directed to presenting customized content to users based on voice recognition and a skilled artisan at the time of the invention would have been motivated to implement Hansen’s features of prompting a user with a proposal method as a way of facilitating direct content selection of a user’s choice to an external device and the results would have been predictable.
VIII. Recapture Rejections
15. Beginning on page 30, Applicant argues the recapture rejections should be withdrawn. Specifically, Applicant argues that although ADD4-ADD6 are removed, the surrender generating limitations have been modified but not entirely eliminated. Referring to MPEP 1402.02, Applicant argues that when full or substantial recapture of the subject matter surrendered during prosecution is avoided, there is no impermissible recapture citing Mostafazadeh and that if the patentee modifies the added limitation such that it is broader yet still materially narrows relative to the original claim, the recapture rule does not bar reissue citing Youman and Richman. Applicant then argues that ADD1-ADD6 were argued together to make the claims patentable and no individual one was presented as making the claims patentable.
Examiner disagrees. First, Examiner disagrees with the premise that the amendments avoid a substantial recapture of the subject matter surrendered during prosecution. The removal of ADD4-ADD6 are a substantial portion of the subject matter previously surrendered. Moreover, ADD4-ADD6 drawn to the generating of the customized service proposal method based on customized content and the result of the voice analysis, transmittal of the customized proposal message to the user terminal to output the customized service proposal message to the speaker and receiving a customized service approval message from the user terminal are substantial portions of the surrendered subject matter. The record of the prior 16/477,330 application prosecution indicates that in a response filed on 04/01/2021, Applicant amended original claims 1 and 2 to recite the features above stating these features were not taught by cited prior art references (see pages 7 and 11). Thus, the limitations omitted in the reissue claim(s) were added in the original application claims for the purpose of making the application claims allowable over a rejection made in the application. The applicant made an argument on the record that the limitation was added to obviate the rejection. The nature of adding limitations to obviate the rejection was made in the amendments filed 04/01/2021 subsequently leading to an Allowance. See the NOA mailed on 05/25/2021 also citing these limitations as obviating the rejections. Applicant is bound by applicant’s revision of the application claims See MPEP 1412.02.
Moreover, Applicant specifically argued the “combination” of these features were not taught by the prior art references (see pages 7 and 11). On pages 9-10, Applicant also cited each individual limitation as a distinguishing feature over the prior art references. Thus, Examiner does not agree that each of the limitations was not argued as a distinguishing feature.
Applicant (on page 38) further argues the important aspects of the SGL are retained and continue to materially narrow the reissue claims relative to the original claims because they are still patentable over the prior art applied and they materially narrow claim 1 because there is nothing in the prosecution history that suggests ADD4, ADD5 and ADD6 have special significance in distinguishing from the prior art. Applicant argues there is no evidence that ADD1-ADD3 were well known in the prior art.
Examiner disagrees. As noted above, pages 7 and 11 do recite each of these individual features as the distinguishing feature over the prior art. Further, these limitations are considered important aspects of the SGL. Merely receivigna voice registration request, performing a mapping of voice information in the request with user information including identification information and preferred content information, and determining which part of the preferred content information of an identified user as a customized content for the speaker completely disregards the limitations drawn to the customized proposal message based on the customized content and result of the voice analysis, the transmittal of the proposal message and the approval message. These are considered important aspects of the SGL. Moreover, ADD1-ADD3 have been presented in the rejections above.
Applicant cites other cases to argue that the recapture rule may not be violated when some of the distinct phrases simultaneously added are entirely removed citing Kim and Ball Corp. Applicant cites several other cases to argues the proper focus is on the scope of the claim, not individual features (citing Kunin, BallCorp, Eggert)
However, as has already been established, the importance of ADD4-ADD6 cannot be avoided as each limitation was cited as important in overcoming the prior art. These are viewed as key limitations cited in overcoming the prior art along with ADD1-ADD3. Thus, the recapture rejections are maintained.
Conclusion
16. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
17. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHNA SINGH DESAI whose telephone number is (571)272-4099. The examiner can normally be reached on M-F 7:30-4PM EST.
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/RACHNA S DESAI/Primary Examiner, Art Unit 3992
Conferees:
/William H. Wood/Reexamination Specialist, Art Unit 3992
/ALEXANDER J KOSOWSKI/Supervisory Patent Examiner, Art Unit 3992
Prosecution Insights