DETAILED ACTION
1. This action is responsive to Application no.18/649,608 filed 4/29/2024 and CON of 17/728,614 (12,002,463); 15/781,787 (11,314,481). All claims have been examined and are currently pending.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
4. 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.
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5. Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No.11,087,752 (16/109,229). Although the claims at issue are not identical, they are not patentably distinct from each other because they recite similar limitations, where the patent claims anticipate the application claim limitations.
Patent 11,087,752 teaches providing content responsive to voice-based interactions by receiving an audio signal and identifier, and allowing for the recognition and execution of an action by a corresponding device, which is similar to the limitations of the application at hand.
It would have been obvious to one of ordinary skill in the art before the effective filing date to remove limitations and still accomplish the desired objective of causing performance of the device action (“omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art”. In re Karlson, 136 USPQ 184.)
18/649,608
1. A data processing system to enable voice-based interactions with client devices, comprising:
a communications interface to receive, from a client device of a plurality of client devices associated with a device model, an audio signal and a device model identifier defining the device model, the audio signal obtained by the client device responsive to a voice-based query;
a natural language processor component to identify, using the device model identifier and content associated with the audio signal, a device action of a plurality of device actions supported by the plurality of client devices associated with the device model;
a device action customization component to identify a device executable command corresponding to the device action and to identify an audio or visual response corresponding to the device action; and
the communications interface to transmit, to the client device, the device executable command for execution responsive to the voice-based query to cause performance of the device action and to transmit, to the client device, the audio or visual response for rendering on the client device in connection with and based on the device action.
11,087,752
1. A data processing system to provide content responsive to voice-based interactions, comprising:
a memory to store (i) first device action data including a first plurality of device action-command pairs supported by a first plurality of remote electronic devices and defined by a provider of the first plurality of remote electronic devices, and (ii) second device action data including a second plurality of device action-command pairs supported by a second plurality of remote electronic devices and defined by a provider of the second plurality of remote electronic devices, each device action-command pair including a respective device action of a plurality of device actions and a respective device executable command of a plurality of device executable commands to trigger performance of the respective device action;
a device action customization component to maintain a first mapping between a first identifier and the first device action data, and maintain a second mapping between a second identifier and the second device action data;
a communications interface to receive, from a remote electronic device of the first plurality of remote electronic devices, an audio signal and the first identifier, the audio signal obtained by the remote electronic device responsive to a voice-based query;
the device action customization component to identify, responsive to receipt of the audio signal and the first identifier, the first device action data using the first mapping between the first identifier and the first device action data;
a natural language processor component to identify, responsive to identifying the first device action data and using content associated with the audio signal, a device action-command pair of the first plurality of device action-command pairs in the first device action data, the device action-command pair including a first device action and a first command;
the device action customization component to identify, using the first device action associated with the device-action command pair, a predefined sequence of device actions associated with the voice-based query, the predefined sequence of device actions including one or more second device actions to be performed subsequent to the first device action;
the device action customization component to identify a context of the voice-based query based on the one or more second device actions to be performed subsequent to the first device action;
a content selector component to select, based on the context of the voice-based query, a third-party content item for presentation by the remote electronic device; and
the communications interface to transmit the third-party content item and the first command associated with the device action-command pair to the remote electronic device, the first command to cause performance of the device action associated with the device action-command pair.
6. Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No.12,002,463 (17/728,614). Although the claims at issue are not identical, they are not patentably distinct from each other because they recite similar limitations, where the patent claims anticipate the application claim limitations.
It would have been obvious to one of ordinary skill in the art before the effective filing date to remove limitations and still accomplish the desired objective of causing performance of the device action (“omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art”. In re Karlson, 136 USPQ 184.)
18/649,608
1. A data processing system to enable voice-based interactions with client devices, comprising:
a communications interface to receive, from a client device of a plurality of client devices associated with a device model, an audio signal and a device model identifier defining the device model, the audio signal obtained by the client device responsive to a voice-based query;
a natural language processor component to identify, using the device model identifier and content associated with the audio signal, a device action of a plurality of device actions supported by the plurality of client devices associated with the device model;
a device action customization component to identify a device executable command corresponding to the device action and to identify an audio or visual response corresponding to the device action; and
the communications interface to transmit, to the client device, the device executable command for execution responsive to the voice-based query to cause performance of the device action and to transmit, to the client device, the audio or visual response for rendering on the client device in connection with and based on the device action.
12,002,463
1. A data processing system to provide content responsive to voice-based interactions, comprising:
a memory to store device action data including a plurality of device action-command pairs supported by a plurality of electronic devices associated with a device model, each device action-command pair including a respective device action of a plurality of device actions and a respective device executable command of a plurality of device executable commands to trigger performance of the respective device action, the respective device executable command being an executable command specific to the plurality of electronic devices associated with the device model;
a device action customization component to map a device model identifier indicative of the device model of the plurality of electronic devices to each of the plurality of device action-command pairs supported by the plurality of electronic devices associated with the device model;
a communications interface to receive, from an electronic device, an audio signal and the device model identifier, the audio signal obtained by the electronic device responsive to a voice-based query;
a natural language processor component to identify, using content associated with the audio signal and the device model identifier, a device action-command pair of the plurality of device action-command pairs;
the device action customization component to identify a context of the voice-based query based on the device action data or the device action-command pair;
a content selector component to select a digital component based on the context of the voice-based query, the digital component comprising audio or visual content; and
the communications interface to transmit the digital component and a device executable command associated with the device action-command pair to the electronic device, the device executable command to cause performance of the device action associated with the device action-command pair and the digital component for presentation by the electronic device, the digital component causing the electronic device to render the audio or visual content on the electronic device in connection with and based on the performance of the device action.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See PTO-892.
Watanabe et al
Abstract: A system for controlling multiple devices using automatic speech recognition (ASR) even when the devices may not be capable of performing ASR themselves. A device such as a media player, appliance, or the like may be recognized by a network. The configured controls for the device (such as a remote control or other mechanism) are incorporated into a device control registry which catalogs device command controls. Individual ASR grammars are constructed for the devices so speech commands for those devices may be processed by an ASR device. The ASR device may then process those speech commands and convert them into the appropriate inputs for the controlled device. The inputs may then be sent to the controlled device, resulting in ASR control for non-ASR devices.
Col 14 l. 27-col 15:
When a new device joins a network, or otherwise becomes accessible to an ASR device, the new device may establish a communication link with the ASR device, or to a central network manager, and communicate the identity and/or capabilities of the new device. That is, the new device may describe its functionality to another device on the network. This description of functionality may be sent in response to a query from another device on the network. The functionality may describe an entirety of functions that the new device is capable of, or just a subset of the new device's functionality, such as the subset of controls that may be executed in response to a remotely issued command.
(60) For example, if a user adds a new music player to a home network, the new music player may identify itself to the network and may identify its type (e.g., “music player”), as well as list all of its functions to another device, such as play music, download music, search music, select output speaker, etc. The new device may send an existing device the identity of the new device (which may include a model number, serial number, or some other identifier). The identity may itself indicate the new device's capabilities and functionality or the existing device may use the new device's identity to perform a lookup of the new device's capabilities and functionality. In another example, the new device may identify its functionality that may be controlled remotely, along with the commands necessary to execute the relevant commands. For example, if a music paying device is capable of playing music in response to receiving a particular command over the network (either wirelessly or through a wired connection) the music playing device may notify another networked device of that capability. In another example, the music playing device may also be capable of playing music in response to a specific infrared (IR) signal, such as one that may be used by a traditional remote control. The music playing device may notify another networked device of this capability as well, in case one or more devices on the network may have infrared capabilities. In another example, the music playing device, which may lack its own ASR/NLU capabilities, may have its own ASR grammar or NLU settings which are configured to allow speech control of the music playing device by another device which is capable of speech processing. The non-ASR may then send its associated ASR grammar and/or NLU settings to an ASR/NLU capable device so that the music playing device may be controlled through speech processed by the ASR/NLU capable device. The non-ASR device may also include a microphone to capture audio signals including speech and send them to the ASR/NLU capable device for processing.
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/SHAUN ROBERTS/Primary Examiner, Art Unit 2655