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 .
Claim Interpretation
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.
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:
a receiver module in claim 1
a gaze tracking module in claims 1, 8-9
an artificial Intelligence (AI) audio generation module in claims 1, 11-12
a rendering module in claims 1, 10, 12, 20.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 20 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 20 recites the limitation "the rendering module”. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-10 and 13-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by PLA I CONESA et al. (US Pub. 2021/0303107 A1, hereinafter “PLA”).
Claim 1: PLA teaches A system for automated audio furnishing amidst reading of a digital media ([0260]-[0261], Figs. 7A-7D, e.g., electronic device 101), the system comprising:
a receiver module to receive data associated with the digital media that is displayed on an electronic device, display settings of the electronic device, and facial movement data of a user reading the digital media on the electronic device in real-time (“PLA”, Figs. 7C, [0265], the electronic device 101 determines motion of the user’s gaze 716b and identifies the portion of text being read);
a gaze tracking module to determine a portion of the digital media being read in real-time based at least on: the received data associated with the digital media, display settings, and real-time facial movement (“PLA”, Figs. 7C-7D, [0024], [0265], [0267], the electronic device 101 determines that motion of the gaze 716b indicates the user is reading a first portion 9724a) or second portion (724b) of text);
an Artificial Intelligence (AI) audio generation module to generate an audio based at least on one of: the received data associated with the digital media and the determined portion of the digital media (“PLA”, Figs. 7C-7D, [0265]-[0268], the electronic device 101 generates first audio associated with the first portion of text and second audio associated with the second portion of text. AI audio generation module is interpreted as software configured to generate audio, which satisfies claimed functional requirement); and
a rendering module to render the generated audio to the user in the real-time, such that the user hears the generated audio while reading the determined portion of the digital media (“PLA”, Figs. 7C-7D, [0265], [0268], [0271], the electronic device 101 plays audio corresponding to the portion of the text currently being read).
Claim 2: PLA teaches the system of claim 1, wherein the digital media corresponds to a media having textual content and includes at least one of: a document, a website, an image, and a video (“PLA”, Figs. 7A-7C, [0095], [0099], content browsing region 700 includes textual content and images).
Claim 3: PLA teaches the system of claim 1, wherein the data associated with the digital media includes at least one of: title, genre, and content of the digital media (“PLA”, Figs. 7A-7C, [0095], [0099], content browsing region 700 includes textual content title).
Claim 4: PLA teaches the system of claim 1, wherein the electronic device corresponds to a digital display device having a camera and includes at least one of: a mobile phone, a Personal Digital Assistant (PDA), a tablet, a desktop, a laptop, a television, and a smartboard (“PLA”, Figs. 1 and 7A-7C, [0029], [0147], electronic device 101).
Claim 5: PLA teaches the system of claim 1, wherein the display settings include at least one of: position of the digital media on a display of the electronic device and a zoom level associated with the displayed digital media (“PLA”, Fig. 7C, [0097], [0100], -[0103], e.g., expanded content region 714).
Claim 6: PLA teaches the system of claim 1, wherein the facial movement data corresponds to data associated with eye-movement and head-movement of the user while reading the digital media on the electronic device (“PLA”, Abstract, [0008], [0026], [0050]).
Claim 7: PLA teaches the system of claim 1, wherein the facial movement data includes one or more image frames of the user while reading the digital media on the electronic device and may be captured via a camera associated with the electronic device (“PLA”, Fig. 5, [0078], [0087]).
Claim 8: PLA teaches the system of claim 1, wherein the gaze tracking module is configured to:
extract one or more features from the received facial movement data, wherein the one or more features include at least one of: ocular co-ordinates and head co-ordinates of the user; identify a user focus position on a display of the electronic device by analyzing the one or more extracted features; and identify content of the digital media being displayed in proximity of the identified user focus position to determine the portion of the digital media being read (“PLA”, Fig. 5, [0076]-[0079], [0087], e.g., eye tracking device 130).
Claim 9: PLA teaches the system of claim 8, wherein the gaze tracking module is further configured to determine a user's reading speed by tracking the identified user focus position (“PLA”, Fig. 7C, [0113], [0119], [0135], [0212], [0269]-[0271]).
Claim 10: PLA teaches the system of claim 9, wherein the rendering module renders the generated audio based on the user reading speed (“PLA”, Fig. 7C, [0119], [0269]-[0271]).
Claim 13: Claim 13 is directed to a method for implementing the method steps of claim 1. Therefore, claim 13 is rejected under similar rationale.
Claim 14: PLA teaches the method of claim 13,
wherein the digital media corresponds to a media having textual content and includes at least one of: a document, a website, an image, and a video (“PLA”, Figs. 7A-7C, [0095], [0099], content browsing region 700 includes textual content and images),
wherein the data associated with the digital media includes at least one of: title, genre, and content of the digital media (“PLA”, Figs. 7A-7C, [0095], [0099], content browsing region 700 includes textual content title),
wherein the electronic device corresponds to a digital display device having a camera and includes at least one of: a mobile phone, a Personal Digital Assistant (PDA), a tablet, a desktop, a laptop, a television, and a smartboard (“PLA”, Figs. 1 and 7A-7C, [0029], [0147], electronic device 101), and
wherein the display settings include at least one of: position of the digital media on a display of the electronic device and a zoom level associated with the displayed digital media (“PLA”, Fig. 7C, [0097], [0100], -[0103], e.g., expanded content region 714).
Claim 15: PLA teaches the method of claim 13,
wherein the facial movement data corresponds to data associated with eye-movement and head-movement of the user while reading the digital media on the electronic device (“PLA”, Abstract, [0008], [0026], [0050]), and wherein the facial movement data includes one or more image frames of the user while reading the digital media on the electronic device and may be captured via a camera associated with the electronic device (“PLA”, Fig. 5, [0078], [0087]).
Claim 16: Claim 16 is directed to the method of claim 13 for implementing the method steps of claim 8. Therefore, claim 16 is rejected under similar rationale.
Claim 17: Claim 17 is directed to the method of claim 16 for implementing the method steps of claim 9. Therefore, claim 17 is rejected under similar rationale.
Claim 18: Claim 18 is directed to the method of claim 17 for implementing the method steps of claim 10. Therefore, claim 18 is rejected under similar rationale.
Claim Rejections - 35 USC § 103
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.
Claims 11-12 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable PLA in view of Escudero et al. (US 2024/0219720 A1, hereinafter "Escudero").
Claim 11: PLA teaches the system of claim 1, wherein the AI audio generation module is configured to:
identify genre of the digital media based on the received data (“PLA”, [0272], e.g., genre such as news article, chapter of e-book);
determine context of the portion of the digital media being read in real-time (“PLA”, [0265], [0272]-[0275], determines specific portion e.g., chapter/page/line/word being read and stored reading context with timestamps); and
generate the audio based at least on one of: the identified genre of the digital media and the determined context of the portion being read (“PLA”, [0265]-[0271], generates audio corresponding to the portion of text being read).
However, PLA does not explicitly teach identifying a genre of the digital media, determining context of the portion of digital media using a RNN and a machine learning (ML) model, or generating audio based on such context using a ML model.
Escudero explicitly teaches identifying a genre of the digital media, determining context using a machine learning (ML) model, or generating audio based on such context using a ML model (“Escudero”, [0143]-[0144], determining context of the portion of the digital media using ML/AI models and generate output including text-to-speech based on context determined via ML).
It would have been obvious to one having the ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of PLA with the above teachings of Escudero to corporate machine learning based contextual analysis and content classification in order to improve contextual understanding and provide more relevant audio output. Further, the use of recurrent neural network represents a predictable implementation of a know machine learning model for processing sequential reading and gaze data.
Claim 12: PLA and Escudero teach the system of claim 11, wherein the AI audio generation module is further configured to:
identify adjacent portions to the portion of the digital media being read; and
generate one or more audios based on the adjacent portions to facilitate the rendering module for smooth transitioning from one audio to another while rendering to the user (“PLA”, Figs. 7C-7D, [0265]-[0269], the electronic device 101 generates first audio associated with the first portion of text and second audio associated with the second portion of text).
Claim 19: Claim 19 is directed to the method of claim 13 for implementing the method steps of claim 11. Therefore, claim 19 is rejected under similar rationale.
Claim 20: Claim 20 is directed to the method of claim 19 for implementing the method steps of claim 12. Therefore, claim 20 is rejected under similar rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Pub 2022/0114327 A1 (Faaborg et al.) — Disclose Text layout interpretation using eye gaze data.
US Pub 2016/0080874 A1 (Fullam et al.) — Disclose gaze-based audio direction.
US Pub 2020/0342223 A1 (Mixter et al.) — Disclose adapting automated assistant based on detected mouth movement and/or gaze.
Examiner has cited particular columns and line and/or paragraph numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
The examiner requests, in response to this Office action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line no(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application.
When responding to this office action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
Point of Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG H NGUYEN whose telephone number is (571)270-1300. The examiner can normally be reached M-F 9:30-4:00 PM.
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, William Bashore can be reached at 571-272-4088. 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.
/PHUONG H NGUYEN/Primary Examiner, Art Unit 2174