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 .
Response to Amendment
In response to the Office Action mailed September 9, 2025, applicant submitted an amendment filed on December 5, 2025, in which the applicant traversed and requested reconsideration.
Response to Arguments
Applicants argue that the prior art cited fails to teach the present claims. Applicants’ arguments are persuasive and the art rejection has been with withdrawn.
The 101 rejection remains for reasons as set forth below. In addition, according to Step 1, it includes determining whether the claims fall within a statutory category. The claims include a method, therefore the claims fall within a statutory category. Step 2A Prong one, includes evaluating whether the claims recite a judicial exception. The claims recite a judicial exception, therefore an evaluation is done to determine if the claims fit into one of the categories. As explained below, the claims fit into the mental processing concept. Prong 2B is used to evaluate whether the claims recite additional elements that integrate the exception into a practical application. As explained below the judicial exception is not integrated into a practical application. In particular, the claim only recites additional elements which are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible.
Step 2A Prong 2 provides examples of limitations that the courts have found indicative that an additional element may have integrated the exception into a practical application. Applicants also explain that the instant claims provide a solution to problems, thereby integrating the exception into a practical application by providing an improvement to a technical field. However, the steps which lead to the improvement and the improvement itself is not explicitly recited the claims. Although, Applicants point to what the courts have found, what the courts have found is not comparable to the current claim language. Therefore, Applicants arguments have been considered, but are not persuasive. The specification nor the claims reflect the improvements claimed in the arguments. In the instant claims, the abstract idea results in an output of generic “information” that is not utilized in any particular fashion or for any particular purpose. It does not meaningfully apply the gathered information to some useful process in a particular technological environment or employ a particular machine. While the claimed invention may have some use in technical fields, that use or implementation in particular technology or technological environment has not been recited in the claimed invention. Absent these recitations, the only claim elements that remain are generic computer components that do not qualify as significantly more. Therefore, the claims are non-statutory. As explained below, using the models to determine which speakers produced spoken words can be done by a human. If the claims include details regarding the training of the models and how the trained models are used for a particular purpose, similar to how the specification describes in paragraphs 0017-0018, 0022-0024 and 0026-0027, just to list a few. The claims will be statutory under 101.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claims are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claims are directed to the abstract idea of speaker recognition, as explained in detail below.
The limitations, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “various elements” nothing in the claim element precludes the steps from practically being performed by mental processing. For example, the language, processing, using a speaker diarization model, an audio feature to generate a first association of the audio feature with one or more prospective speakers, the audio feature being representative of one or more spoken words (can be done by a user associating voice with a speaker), providing, to a language model (LM), a first prompt requesting the LM to identify a second association of the one or more spoken words with the one or more prospective speakers (can be done by a user providing the data accordingly), receiving, from the LM, a first response identifying the second association of the one or more spoken words with the one or more prospective speakers (can be done by a user identifying a speaker) and determining, using the first association and the second association, one or more speakers that produced the one or more spoken words (can be done by a user making a determination). The present claim language under its broadest reasonable interpretation, covers performance of mental processing and recites generic computer components, which all falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites additional elements which are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible.
The dependent claims recite providing and receiving data, performing an association, evaluating probabilities, processing audio and making an estimation, which is all non-statutory and mental processing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. This information has been detailed in the PTO 892 attached (Notice of References Cited).
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 JAKIEDA R JACKSON whose telephone number is (571)272-7619. The examiner can normally be reached Mon - Fri 6:30a-2:30p.
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/JAKIEDA R JACKSON/Primary Examiner, Art Unit 2657