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 .
Response to Arguments
Applicant's arguments filed 9/2/2025 have been fully considered but they are not persuasive.
Applicant argues “The combination of references does not teach “detecting, by a computing device, a device condition associated with a user device” and that “wakeword in not a device condition”.
The examiner respectfully disagrees. The applicant’s specification states “The computing device 106 may be configured to detect a device condition associated with the user device. The device condition associated with the user device may comprise the user device sending or receiving data (e.g. the one or more packets)” (see para 0021 of applicants specification). Wang teaches that the wakeword is received as audio data (i.e. data sent and received) which can be implemented over VOIP (see para 0057; it is noted that the audio data packets are inherently received as required by VOIP). It is clear that based on the definition provided in applicant spec and the breadth of the phrase detecting a device condition that Wang clearly teaches the claimed limitation.
Further in an attempt to advance prosecution, the examiner submits that an abundance of references could have been used to teach the claims as such, and that it is recommended applicants further significantly narrow the claims to overcome the prior art. For example, Chatbots, robo calls, spam calls etc all use the same technology as claimed by applicant’s.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. ( Pub No: US 2020/0251107 A1 )in view of Rengasamy et al. (Patent No : US 10,902,001 B1)
Regarding claim 1. Wang teaches a method comprising: detecting, by a computing device, a device condition associated with a user device (Wang [0024] Fig 1 A Server 120 interpreted as computer device detect a wakeword represented in incoming audio data enabling a device interpreted in light of specification as device condition associated with a user device) ;
voice service device); and sending, to the voice service device via the communication session, voice data received via the user device ( Wang [0027] Fig 1 B , the VoIP device 30 may send audio data to and receive audio data from the second device 110b during a VoIP communication session interpreted as voice service device via the communication session, voice data received via the user device. The PSTN telephone 20 is connected to the adapter 22, which is configured to connect to the PSTN and to transmit and receive audio data using the PSTN and configured to connect to the networks 10 (using an Ethernet or wireless network adapter) and to transmit and receive data using the networks 10).
Wang does not teach based on detecting the device condition, establishing a communication session with a user device and a voice service device.
However Rengasamy teaches based on detecting the device condition, establishing a communication session with a user device and a voice service device( Rengasamy col 4, lines 48- 51 and lines 58-65 detection of a motion sensor for detecting motion through mobile device which is similar to detecting the device condition and establishing a communications session with voice activated electronic device interpreted as user device)
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Wang by incorporating the teachings of Rengasamy .
Doing so allow an individual, upon requesting that active contact be displayed by their electronic device, to be visually notified that human presence has been detected by a device associated with the first group account, and therefore if a communications session is initiated with the first group account, someone will likely be available to participate in the communications session.
Regarding claim 2. Wang and Rengasamy teach the method of claim 1, and Wang further teaches wherein the device condition comprises one or more of: an application launch condition (Wang [0091] applications will be invoked interpreted as an application launch condition), or a user interaction with the user device and wherein the computing device comprises one or more of: a digital voice assistant (Wang [0211] personal digital assistants (PDAs))
Regarding claim 3. Wang and Rengasamy teach the method of claim 1, and Wang further teaches wherein determining the device condition comprises one or more of: receiving a voice over internet protocol (VOIP) packet (Wang [0027] a voice over internet protocol (VOIP) packet)
Regarding claim 4, Wang and Rengasamy teach method of claim 1, and Wang further teaches wherein the computing device is an intermediary device between the user device and the voice service device, and wherein the user device comprises one or more of: a landline phone (Wang [0027] landline telephone )
Regarding claim 5. Wang and Rengasamy teach the method of claim 1, and Wang further teaches wherein the voice service device comprises one or more of: a cloud-based interactive voice response system(Wang [0040] Alexa, grant remote control,” the server(s) 120a may initiate voice interpreted in light of specification a cloud-based interactive voice response system).
Regarding claim 6. Wang and Rengasamy teach the method of claim 1, and Wang further teaches wherein establishing the communication session comprises one or more of: sending a session initiation protocol (SIP) invitation ( Wang [0130] and [0132] send session initiation protocol (SIP)). invite).
Regarding claim 7. Wang and Rengasamy teach the method of claim 1, and Wang further teaches comprising: causing the voice service device to determine one or more commands ( Wang [0051] voice command to server device interpreted as voice service device to determine one or more commands); receiving, from the voice service device, one or more responses associated with the one or more commands (Wang [0049] responses associated with the commands ); and
causing the user device to output the one or more responses (Wang [0133] 100 Trying message to the inbound SIP translator 534 and may send (514) a 183 Ringing message interpreted as output to responses ).
Regarding claim 8. Wang and Rengasamy teach the method of claim 1, and Wang further teaches comprising: determining based on the voice data, one or more commands (Wang [0157] determine a voice command represented in the command audio data and may initiate) and causing the voice service device to execute the one or more commands (Wang [0150] execute a command, send an instruction to execute a command).
Regarding claim 9. Wang teaches a method comprising:
sending, by a computing device( Wang [0027] Fig 1 B , the VoIP device 30 send audio data to and receive audio data from the second device 110b during a VoIP communication session interpreted in light of specification as sending, by a computing device, based on a condition associated with a user device, a request to establish a communication session with the user device and a voice service. The PSTN telephone 20 is connected to the adapter 22, which is configured to connect to the PSTN and to transmit and receive audio data using the PSTN and configured to connect to the networks 10 (using an Ethernet or wireless network adapter) and to transmit and receive data using the networks 10);
establishing the communication session with the user device and the voice service ( Wang [0024] and [0025] Fig 1 A , the device enable wakeword detection for incoming audio data, corresponding voice command from incoming audio data received from the first device. interpreted as establishing the communication session with the user device and the voice service, example, secondary wakeword detection processing, enable communication session by enabling the device to detect the voice command from audio output based on the incoming audio data interpreted as a user device and a voice service device);
detecting a user input associated with the user device( Wang [0172] receive inputs from the primary wakeword detection component 220a and the secondary wakeword detection component 220b interpreted in light of specification as detecting a user input associated with the user device and perform logical functions on the inputs to generate instructions to be transmitted to the primary wakeword detection component 220a); and
based on detecting the user input associated with the user device, closing the communication session with the user device and the voice service ( Wang [0135] RTP communication session may be ended by the user inputting a command to end the communication session to the device 110, as illustrated in Figure 6A interpreted as on detecting the user input associated with the user device, closing the communication session with the user device and the voice service).
Wang does not teach based on a device condition associated with a user device, a request to establish a communication session with the user device and a voice service
However Rengasamy teaches based on a device condition associated with a user device, a request to establish a communication session with the user device and a voice service ( Rengasamy col 4, lines 48- 51 and lines 58-65 detection of computer vision recognizing an individual's presence within a camera's line of sight, a motion sensor detecting motion, and mobile device which is similar to detecting the device condition, establishing a communications session with voice activated electronic device)
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Wang by incorporating the teachings of Rengasamy .
Doing so allow an individual, upon requesting that active contact be displayed by their electronic device, to be visually notified that human presence has been detected by a device associated with the first group account, and therefore if a communications session is initiated with the first group account, someone will likely be available to participate in the communications session.
Regarding claim 10. Wang and Rengasamy teach the method of claim 9, further comprising determining the device condition wherein determining the device condition comprises one or more of: receiving a voice over internet protocol (VOIP) packet (Wang [0027] a voice over internet protocol (VOIP) packet)
Regarding claim 11. Wang and Rengasamy teach the method of claim 9, and Wang further wherein the user input comprises a dial command ( Wang [0133] and [0135] command to send to the server(s) 120a and may handle receiving incoming SIP requests and incoming SIP responses).
Regarding claim 12. Wang and Rengasamy teach the method of claim 9, and Wang further wherein the computing device is an intermediary device between the user device and the voice service, and wherein the user device comprises one or more of: a landline phone (Wang [0027] landline telephone ).
Regarding claim 13. Wang and Rengasamy teach the method of claim 9, and Wang further wherein the request is associated with a voice service and wherein the voice service comprises one or more of: a cloud-based interactive voice response system, (Wang [0040] Alexa, grant remote control,” the server(s) 120a may initiate voice interpreted in light of specification a cloud-based interactive voice response system).
Regarding claim 14. Wang and Rengasamy teach the method of claim 9, and Wang further wherein opening the communication session comprises one or more of: sending a session initiation protocol (SIP) invitation ( Wang [0130] and [0132] send session initiation protocol (SIP)). invite).
Regarding claim 15. Wang and Rengasamy teach the method of claim 9, and Wang further comprising: receiving, via the communication session, voice data(Wang [0049] responses associated with the commands );determining, based on the voice data, one or more user utterances (Wang [0157] determine a voice command represented in the command audio data and may initiate); determining, based on the one or more user utterances, one or more actions(Wang [0157] determine a voice command represented in the command audio data and may initiate); and executing the one or more actions(Wang [0150] execute a command, send an instruction to execute a command).
Regarding claim 16. Wang and Rengasamy teach the method of claim 9, and Wang further comprising: receiving, via the communication session, voice data (Wang [0049] responses associated with the commands ); and determining, based on the voice data, one or more user utterances(Wang [0157] determine a voice command represented in the command audio data and may initiate); determining, based on the one or more user utterances, one or more responses ( Wang [0051] voice command to server device interpreted as voice service device to determine one or more commands); and causing the user device to output the one or more responses(Wang [0133] 100 Trying message to the inbound SIP translator 534 and may send (514) a 183 Ringing message interpreted as output to responses ).
Regarding claim 17. Wang teaches a method comprising:
establishing a communication session with the voice service ( Wang [0024] and [0025] Fig 1 A , incoming audio data, corresponding voice command from incoming audio data received from the first device. interpreted as establishing the communication session with the user device and the voice service, example, secondary wakeword detection processing, enable communication session by enabling the device to detect the voice command from audio output based on the incoming audio data interpreted as a user device and a voice service device); and
sending, via the communication session with the voice service, one or more user utterances ( Wang [0027] Fig 1 B , the VoIP device 30 may send audio data to and receive audio data from the second device 110b during a VoIP communication session interpreted in light of specification as voice service device via the communication session, voice data received via the user device. The PSTN telephone 20 is connected to the adapter 22, which is configured to connect to the PSTN and to transmit and receive audio data using the PSTN and configured to connect to the networks 10 (using an Ethernet or wireless network adapter) and to transmit and receive data using the networks 10).
Wang does not teach detecting, by a user device, a device condition; based on detecting the device condition, sending an indication of the device condition and one or more of a vertical service code associated with a voice service or a pilot number associated with the voice service, wherein the indication of the device condition is associated with the user device
However Rengasamy detecting, by a user device, a device condition (Rengasamy col 4, lines 48- 51 and lines 58-65 detection of computer vision recognizing an individual's presence within a camera's line of sight, a motion sensor detecting motion, and mobile device which is similar to detecting the device condition, establishing a communications session with voice activated electronic device) ; based on detecting the device condition, sending an indication of the device condition and one or more of a vertical service code associated with a voice service associated with the voice service, wherein the indication of the device condition is associated with the user device ( Rengasamy col 4, lines 48- 51 , col 34 lines 46-57 and col 36, lines 2-12 detection of computer vision recognizing an individual's presence within a camera's line of sight, a motion sensor detecting motion, and mobile device which is similar to detecting the device condition, device indicators (e.g., IP addresses, devices names, etc.) for one or more of the voice-enabled devices in the ranked list of devices interpreted as more of a vertical service code associated with a voice service associated with the voice service, wherein the indication of the device condition is associated with the user device).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Wang by incorporating the teachings of Rengasamy .
Doing so allow an individual, upon requesting that active contact be displayed by their electronic device, to be visually notified that human presence has been detected by a device associated with the first group account, and therefore if a communications session is initiated with the first group account, someone will likely be available to participate in the communications session.
Regarding claim 18. Wang and Rengasamy teach the method of claim 17, and Wang further wherein the device condition comprises one or more of: a voice over internet protocol (VOIP) packet (Wang [0027] a voice over internet protocol (VOIP) packet).
Regarding claim 19. Wang and Rengasamy teach the method of claim 17, and Wang further wherein voice service comprises one or more of: a smart assistant, a chatbot, or a voice navigable menu, and wherein the user device comprises one or more of: a landline phone (Wang [0027] landline telephone ).
Regarding claim 20. Wang and Rengasamy teach the method of claim 17, and Wang further wherein establishing the communication session comprises one or more of: sending a session initiation protocol (SIP) invitation ( Wang [0130] and [0132] send session initiation protocol (SIP) invite).
Regarding claim 21. Wang and Rengasamy teach the method of claim 17, and Wang further comprising: receiving, from the voice service, a response (Wang [0049] responses associated with the commands ); and outputting the response (Wang [0133] 100 Trying message to the inbound SIP translator 534 and may send (514) a 183 Ringing message interpreted as output to responses ).
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vivek Srivastava whose telephone number is (571) 272 – 7304. The examiner can normally be reached Monday-Friday 8:45 AM - 5:15 PM.
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/VIVEK SRIVASTAVA/Supervisory Patent Examiner, Art Unit 2449
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