Office Action Predictor
Last updated: April 15, 2026
Application No. 18/238,875

Using Voice Commands From A Mobile Device To Remotely Access And Control A Computer

Non-Final OA §102§DP
Filed
Aug 28, 2023
Examiner
VO, HUYEN X
Art Unit
2656
Tech Center
2600 — Communications
Assignee
Voice Tech Corporation
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
869 granted / 1043 resolved
+21.3% vs TC avg
Strong +20% interview lift
Without
With
+19.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
17 currently pending
Career history
1060
Total Applications
across all art units

Statute-Specific Performance

§101
24.9%
-15.1% vs TC avg
§103
32.9%
-7.1% vs TC avg
§102
23.7%
-16.3% vs TC avg
§112
5.7%
-34.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1043 resolved cases

Office Action

§102 §DP
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer . Claims 1-4 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11778032 , over claims 1- 1 3 of USPN 1128714, over claims 1-32 of USPN 10491679, and over claims 1- 32 of USPN 9794348 . Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variants of the same invention. Furthermore , the claims of the patents are narrow in scope than the claims of the instant application and anticipate the claims the application. Claims of USPN 11778032 Claims of application 1. A system for accessing and controlling a computer from a mobile device, comprising: the mobile device, wherein the mobile device is any hardware device capable of mobility; the computer, wherein the computer is a general purpose processing platform comprised of one or more discrete components; a communications medium that couples the mobile device to the general purpose processing platform; and an audio command interface, at the general purpose processing platform, the audio command interface: receives voice or data information from the mobile device; determines whether the voice or data information corresponds to a command; and selects, from at least one operating system and at least one application, one operating system or one application, wherein the audio command interface decides which is the appropriate operating system or application to execute at least one process in response to the command; wherein the at least one operating system or the at least one application is not required to be configured for interaction with the mobile device; and wherein the at least one process is executed at the general purpose processing platform with the selected operating system or application in response to the command. 2. The system of claim 1, wherein the communications medium is a wire-line communications medium. 3. The system of claim 1, wherein the communications medium is a wireless communications medium. 4. The system of claim 1, wherein the communications medium is an optical communications medium. 5. The system of claim 1, wherein the communications medium is an analog communications medium. 6. The system of claim 1, wherein the communications medium is a digital communications medium. 7. The system of claim 1, wherein the communications medium is wire-line, wireless, optical, analog, digital, or any combinations thereof. Other claims are similar to the above claims. 1. A system for accessing and controlling a computer from a mobile device, comprising: the mobile device, wherein the mobile device is any hardware device capable of mobility; the computer, wherein the computer is a general purpose processing platform comprised of one or more discrete components; a communications medium that couples the mobile device to the general purpose processing platform; and an audio command interface, at the general purpose processing platform, the audio command interface: receives voice or data information from the mobile device; determines whether the voice or data information corresponds to a command; and selects, from at least one operating system and at least one application, one operating system or one application, wherein the audio command interface decides which is the appropriate operating system or application to execute at least one process in response to the command; wherein the at least one operating system or the at least one application is not required to be configured for interaction with the mobile device; wherein the at least one process is executed at the general purpose processing platform with the selected operating system or application in response to the command; and wherein the audio command interface comprises an application command system. 2. The system of claim 1, wherein the application command system comprises at least one predetermined command which operates the at least one application. 3. The system of claim 1, wherein the application command system comprises at least one predetermined command which operates the selected application. 4. The system of claim 1, wherein the application command system comprises at least one application programming interface Claims of USPN 11128714 Claims of application 1. A system for accessing and controlling a computer from a mobile device, comprising: a mobile device, wherein the mobile device is any hardware device capable of mobility; a computer, wherein the computer is a general purpose processing platform comprised of one or more discrete components; a communications medium that couples the mobile device to the general purpose processing platform; and an audio command interface, at the general purpose processing platform, the audio command interface: receives voice or data information from the mobile device; determines whether the voice or data information corresponds to a command; selects, from at least one operating system and at least one application, one operating system or one application, wherein the audio command interface decides which is the appropriate operating system or application to execute at least one process in response to the command; wherein the at least one operating system or the at least one application is not required to be configured for interaction with the mobile device; wherein the at least one process is executed at the general purpose processing platform with the selected operating system or application in response to the command; and wherein the general purpose processing platform is further comprised of: a mobile device interface; an operating system interface; or any combination thereof. 2. The system of claim 1, wherein the audio command interface is implemented in hardware on at least one of the one or more discrete components. 3. The system of claim 1, wherein the audio command interface is implemented in software on at least one of the one or more discrete components. 4. The system of claim 1, wherein the audio command interface is implemented in a combination of hardware and software on at least one of the one or more discrete components. 5. The system of claim 1, wherein the mobile device interface is implemented in hardware on at least one of the one or more discrete components. 6. The system of claim 1, wherein the mobile device interface is implemented in software on at least one of the one or more discrete components. 7. The system of claim 1, wherein the mobile device interface is implemented in a combination of hardware and software on at least one of the one or more discrete components. 8. The system of claim 1, wherein the operating system interface is implemented in hardware on at least one of the one or more discrete components. 9. The system of claim 1, wherein the operating system interface is implemented in software on at least one of the one or more discrete components. 10. The system of claim 1, wherein the operating system interface is implemented in a combination of hardware and software on at least one of the one or more discrete components. 11. The system of claim 1, wherein the at least one application is implemented in hardware on at least one of the one or more discrete components. 12. The system of claim 1, wherein the at least one application is implemented in software on at least one of the one or more discrete components. 13. The system of claim 1, wherein the at least one application is implemented in a combination of hardware and software on at least one of the one or more discrete components. 1. A system for accessing and controlling a computer from a mobile device, comprising: the mobile device, wherein the mobile device is any hardware device capable of mobility; the computer, wherein the computer is a general purpose processing platform comprised of one or more discrete components; a communications medium that couples the mobile device to the general purpose processing platform; and an audio command interface, at the general purpose processing platform, the audio command interface: receives voice or data information from the mobile device; determines whether the voice or data information corresponds to a command; and selects, from at least one operating system and at least one application, one operating system or one application, wherein the audio command interface decides which is the appropriate operating system or application to execute at least one process in response to the command; wherein the at least one operating system or the at least one application is not required to be configured for interaction with the mobile device; wherein the at least one process is executed at the general purpose processing platform with the selected operating system or application in response to the command; and wherein the audio command interface comprises an application command system. 2. The system of claim 1, wherein the application command system comprises at least one predetermined command which operates the at least one application. 3. The system of claim 1, wherein the application command system comprises at least one predetermined command which operates the selected application. 4. The system of claim 1, wherein the application command system comprises at least one application programming interface Claims of USPN 10491679 Claims of application 5. A system for accessing and controlling a computer from a mobile device, comprising: a computer; a communications medium that couples the mobile device to the computer; and an audio command interface, at the computer, the audio command interface: receives audio data from the mobile device; decodes the audio data into a command; selects, from at least one operating system and at least one application, one operating system or one application, wherein the audio command interface decides is the appropriate operating system or application to execute at least one process in response to the command; executes with the selected operating system or application the at least one process at the computer in response to the command; and generates output data in response to the selected operating system or application executing the at least one process; wherein a mobile device interface at the computer transmits the output data to the mobile device. 6. The system of claim 5, wherein the mobile device is not physically connected to the computer and the application selected by the audio command interface is installed on the computer. 1. A system for accessing and controlling a computer from a mobile device, comprising: the mobile device, wherein the mobile device is any hardware device capable of mobility; the computer, wherein the computer is a general purpose processing platform comprised of one or more discrete components; a communications medium that couples the mobile device to the general purpose processing platform; and an audio command interface, at the general purpose processing platform, the audio command interface: receives voice or data information from the mobile device; determines whether the voice or data information corresponds to a command; and selects, from at least one operating system and at least one application, one operating system or one application, wherein the audio command interface decides which is the appropriate operating system or application to execute at least one process in response to the command; wherein the at least one operating system or the at least one application is not required to be configured for interaction with the mobile device; wherein the at least one process is executed at the general purpose processing platform with the selected operating system or application in response to the command; and wherein the audio command interface comprises an application command system. 2. The system of claim 1, wherein the application command system comprises at least one predetermined command which operates the at least one application. 3. The system of claim 1, wherein the application command system comprises at least one predetermined command which operates the selected application. 4. The system of claim 1, wherein the application command system comprises at least one application programming interface Claims of USPN 9794348 Claims of application 1. A method of remotely accessing and controlling a computer from a mobile device, comprising: receiving audio data from the mobile device, at the computer, at an audio command interface; the audio command interface decodes the audio data into a command; the audio command interface selects, from two or more applications, one application the audio command interface decides is the appropriate application to execute at least one process in response to the command, wherein in deciding which application to select the audio command interface uses biometric data; executing with the selected application the at least one process in response to the command; generating output data in response to the selected application executing the at least one process; and transmitting the output data to the mobile device. Other claims are similar to this claim. 1. A system for accessing and controlling a computer from a mobile device, comprising: the mobile device, wherein the mobile device is any hardware device capable of mobility; the computer, wherein the computer is a general purpose processing platform comprised of one or more discrete components; a communications medium that couples the mobile device to the general purpose processing platform; and an audio command interface, at the general purpose processing platform, the audio command interface: receives voice or data information from the mobile device; determines whether the voice or data information corresponds to a command; and selects, from at least one operating system and at least one application, one operating system or one application, wherein the audio command interface decides which is the appropriate operating system or application to execute at least one process in response to the command; wherein the at least one operating system or the at least one application is not required to be configured for interaction with the mobile device; wherein the at least one process is executed at the general purpose processing platform with the selected operating system or application in response to the command; and wherein the audio command interface comprises an application command system. 2. The system of claim 1, wherein the application command system comprises at least one predetermined command which operates the at least one application. 3. The system of claim 1, wherein the application command system comprises at least one predetermined command which operates the selected application. 4. The system of claim 1, wherein the application command system comprises at least one application programming interface Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1- 4 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Brown (USPG 2008/0059195, hereinafter Brown). Regarding claim 1 , Brown discloses a system for accessing and controlling a computer from a mobile device, comprising: the mobile device, wherein the mobile device is any hardware device capable of mobility ( figure 2, client devices 222-228 ) ; the computer, wherein the computer is a general - purpose processing platform comprised of one or more discrete components ( figure 2, speech recognition service 202 is computing processing platform and for other computing devices 206-218 ) ; a communications medium that couples the mobile device to the general - purpose processing platform ( figure 2, networks 210 ) ; and an audio command interface, at the general purpose processing platform ( figure 2, both client devices and server computing devices inherently include audio command interface to effectuate audio communication between client and server devices ) , the audio command interface: receives voice or data information from the mobile device ( paragraph 24, “ client devices 222-228 for providing input to speech recognition service 202” ) ; determines whether the voice or data information corresponds to a command ( figures 3-4 and/or paragraph 43, “parsing command and data” from the recognized text to distinguish between command and data ) ; and selects, from at least one operating system and at least one application ( figures 3-4, operating system and a plurality of applications; also see paragraph 43, “ The grammar service may then provide the parsed application-specific commands to individual applications in process 428 ” ) , one operating system or one application, wherein the audio command interface decides which is the appropriate operating system or application to execute at least one process in response to the command ( figures 3-4, operating system and a plurality of applications; also see paragraph 43, “ The grammar service may then provide the parsed application-specific commands to individual applications in process 428 ” ) ; wherein the at least one operating system or the at least one application is not required to be configured for interaction with the mobile device ( figures 2 and 4; no configuration application is required because application serves 208-209 are separate from speech recognition service computing device and are therefore insulated from the client devices ) ; wherein the at least one process is executed at the general - purpose processing platform with the selected operating system or application in response to the command ( figures 4-5 ) ; and wherein the audio command interface comprises an application command system ( process in figures 3-5, selecting an application among a plurality of application to carry out a voice command received from a client device ) . Regarding claim s 2 -4 , Brown further discloses t he system of claim 1, wherein the application command system comprises at least one predetermined command which operates the at least one application ( figure s 5 -6 ); wherein the application command system comprises at least one predetermined command which operates the selected application ( figure s 5 -6 and/or paragraph 59, “ the commands are provided to relevant applications for execution ” ) ; wherein the application command system comprises at least one application programming interface ( paragraphs 26-27 and 38, interface to facilitate communication between sub-component or application modules withing a system ) . Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Andrew (USPG 2007/0088556) teaches a method for selecting application from a plurality of applications to process a speech input that is considered pertinent to the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT HUYEN X VO whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-7631 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F, 8-4 . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Bhavesh Mehta can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-7453 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HUYEN X VO/ Primary Examiner, Art Unit 2656
Read full office action

Prosecution Timeline

Aug 28, 2023
Application Filed
Sep 24, 2025
Non-Final Rejection — §102, §DP
Apr 08, 2026
Response after Non-Final Action

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+19.8%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 1043 resolved cases by this examiner. Grant probability derived from career allow rate.

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