CTNF 18/656,086 CTNF 90816 DETAILED ACTION Claims 2 – 21 are pending. Notice of Pre-AIA or AIA Status 07-03-fti AIA The present application is being examined under the pre-AIA first to invent provisions. Information Disclosure Statement The information disclosure statement (IDS) submitted on 06 May 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner. Double Patenting 08-33 AIA 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp. Instant claim 2 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 9 of U.S. Patent No. 10,832,653 B1 in view of Kennedy et al. (US 2014/0143666 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because both claims refer to performing speech recognition on input audio received at a first device, identifying a command to present content at a second device, identifying the command, and sending output data to the second device, both devices being associated. Further, the instant claim provides teaching for identifying the content and the second device from the command, and sending output data based on the content to the second device. This is however taught by Kennedy et al. (US 2014/0143666 A1) as a determination of if the command involves content and the identification of a target device ([0076] – [0077]), as well as the streaming of output data to a second device (FIG. 7B Step 796). It would have been obvious to one of ordinary skill in the art to incorporate this reference, based on the predictable result of making information accessible to a user at different locations through speech communication with a device. Instant claim 5 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 9 of U.S. Patent No. 10,832,653 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim 6 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 9 of U.S. Patent No. 10,832,653 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim 7 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 13 of U.S. Patent No. 10,832,653 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim 9 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 1 of U.S. Patent No. 10,832,653 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim 12 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 1 of U.S. Patent No. 10,832,653 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim 13 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 1 of U.S. Patent No. 10,832,653 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim 14 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 6 of U.S. Patent No. 10,832,653 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim 16 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 1 of U.S. Patent No. 10,832,653 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim 19 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 6 of U.S. Patent No. 10,832,653 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim 20 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 6 of U.S. Patent No. 10,832,653 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim U.S. 10,832,653 B1 Claim 2 Claim 9 A method comprising: receiving audio data generated using at least one microphone of a first device; A processor-implemented method comprising: receiving input audio data from a first device; performing speech recognition using the audio data to identify a command to present content using a second device, the second device associated with the first device; performing speech recognition on the input audio data to determine a command to present content via a second device; transmitting data to present the content via the second device, wherein the first device and the second device are associated. Claim 5 Claim 9 The method as recited claim 2, wherein the audio data comprises first audio data, and further comprising sending second audio data to the first device for output by at least one speaker of the first device. transmitting, based at least in part on the command, output audio data to the first device, the output audio data comprising computer-generated speech indicating that the content is to be presented at the second device Claim 6 Claim 9 The method as recited claim 2, wherein the audio data comprises first audio data, and further comprising sending second audio data to the first device for output by at least one speaker of the first device. transmitting, based at least in part on the command, output audio data to the first device, the output audio data comprising computer-generated speech indicating that the content is to be presented at the second device Claim 7 Claim 13 The method as recited claim 2, wherein the audio data comprises first audio data, and further comprising receiving second audio data generated using the at least one microphone of the first device, the second audio data including a confirmation to output the content on the second device. The processor-implemented method as recited in claim 9, wherein the input audio data is first input audio data, the processor-implemented method further comprising: receiving, from the first device, second input audio data including a confirmation to present the content on the second device. Claim 9 Claim 1 A system comprising: one or more processors; and one or more non-transitory computer-readable media storing computer-executable instructions that, when executed, cause the one or more processors to perform acts comprising: receiving audio data generated using at least one microphone of a first device; A system comprising: one or more processors; memory; and computer-executable instructions stored in the memory that, when executed by the one or more processors, causes the one or more processors to perform acts comprising: receiving input audio data from a first device; performing speech recognition using the audio data to identify a command to present content using a second device, the second device associated with the first device; performing speech recognition on the input audio data to determine a command to present content via a second device; transmitting data to present the content via the second device, wherein the first device and the second device are associated. Claim 12 Claim 1 The system as recited in claim 9, wherein the audio data comprises first audio data, and the acts further comprising sending second audio data to the first device for output by at least one speaker of the first device. transmitting, based at least in part on the command, output audio data to the first device, the output audio data comprising computer-generated speech associated with presenting the content at the second device Claim 13 Claim 1 The system as recited in claim 9, wherein the audio data comprises first audio data, and the acts further comprising sending second audio data to the first device for output by at least one speaker of the first device at least partly prior to the second device outputting the output data, wherein the second audio data indicates that the second device is to output the output data. transmitting, based at least in part on the command, output audio data to the first device, the output audio data comprising computer-generated speech associated with presenting the content at the second device Claim 14 Claim 6 The system as recited in claim 9, wherein the audio data comprises first audio data, and the acts further comprising receiving second audio data generated using the at least one microphone of the first device, the second audio data including a confirmation to output the content on the second device. The system as recited in claim 1, wherein the input audio data is first input audio data, and wherein the acts further comprise: receiving, from the first device, second input audio data including a confirmation to present the content on the second device. Claim 16 Claim 1 One or more non-transitory computer-readable media storing computer-executable instructions that, when executed, cause one or more processors to perform acts comprising: receiving audio data generated using at least one microphone of a first device; A system comprising: one or more processors; memory; and computer-executable instructions stored in the memory that, when executed by the one or more processors, causes the one or more processors to perform acts comprising: receiving input audio data from a first device; performing speech recognition using the audio data to identify a command to present content using a second device, the second device associated with the first device; performing speech recognition on the input audio data to determine a command to present content via a second device; transmitting data to present the content via the second device, wherein the first device and the second device are associated. Claim 19 Claim 1 The one or more non-transitory computer-readable media as recited in claim 16, wherein the audio data comprises first audio data, and the acts further comprising sending second audio data to the first device for output by at least one speaker of the first device. transmitting, based at least in part on the command, output audio data to the first device, the output audio data comprising computer-generated speech associated with presenting the content at the second device Claim 20 Claim 1 The one or more non-transitory computer-readable media as recited in claim 16, wherein the audio data comprises first audio data, and the acts further comprising sending second audio data to the first device for output by at least one speaker of the first device at least partly prior to the second device outputting the output data, wherein the second audio data indicates that the second device is to output the output data. transmitting, based at least in part on the command, output audio data to the first device, the output audio data comprising computer-generated speech associated with presenting the content at the second device Instant claim 2 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 10 of U.S. Patent No. 12,008,990 B1 in view of Kennedy et al. (US 2014/0143666 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because both claims refer to performing speech recognition on input audio received at a first device, identifying a command that leads to the use of a second device, where both devices are determined to be associated. Further, the instant claim provides teaching for identifying the content and the second device from the command. This is however taught by Kennedy et al. (US 2014/0143666 A1) as a determination of if the command involves content and the identification of a target device ([0076] – [0077]). It would have been obvious to one of ordinary skill in the art to incorporate this reference, based on the predictable result of making information accessible to a user at different locations through speech communication with a device. Instant claim 6 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 10 of U.S. Patent No. 12,008,990 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim 7 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 11 of U.S. Patent No. 12,008,990 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim 9 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 1 of U.S. Patent No. 12,008,990 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim 13 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 1 of U.S. Patent No. 12,008,990 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim 14 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 5 of U.S. Patent No. 12,008,990 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim 16 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 1 of U.S. Patent No. 12,008,990 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim 20 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 1 of U.S. Patent No. 12,008,990 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim 21 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 5 of U.S. Patent No. 12,008,990 B1 in view of Kennedy et al. (US 2014/0143666 A1). Instant claim U.S. 12,008,990 B1 Claim 2 Claim 10 A method comprising: receiving audio data generated using at least one microphone of a first device; A processor-implemented method comprising: receiving input audio data associated with a first device; performing speech recognition using the audio data to identify a command to present content using a second device, the second device associated with the first device; performing speech recognition on the input audio data to determine first data associated with presenting content; wherein the first device and the second device are associated. sending output data based on the content to the second device. determining to use the second device; Claim 6 Claim 10 The method as recited claim 2, wherein the audio data comprises first audio data, and further comprising sending second audio data to the first device for output by at least one speaker of the first device at least partly prior to the second device outputting the output data, wherein the second audio data indicates that the second device is to output the output data. causing first output audio data to be presented using the first device, wherein the first output audio data includes a query regarding whether the content is to be presented on a second device; Claim 7 Claim 11 The method as recited claim 2, wherein the audio data comprises first audio data, and further comprising receiving second audio data generated using the at least one microphone of the first device, the second audio data including a confirmation to output the content on the second device. The processor-implemented method as recited in claim 10, wherein the input audio data is first input audio data, the processor-implemented method further comprising: receiving second input audio data including a confirmation to present the content on the second device. Claim 9 Claim 1 A system comprising: one or more processors; and one or more non-transitory computer-readable media storing computer-executable instructions that, when executed, cause the one or more processors to perform acts comprising: receiving audio data generated using at least one microphone of a first device; A system comprising: one or more processors; memory; and computer-executable instructions stored in the memory that, when executed by the one or more processors, cause the one or more processors to perform acts comprising: receiving, at a first device, input audio data; performing speech recognition using the audio data to identify a command to present content using a second device, the second device associated with the first device; performing speech recognition on the input audio data to determine a command to present content; wherein the first device and the second device are associated. sending output data based on the content to the second device. determining to use the second device Claim 13 Claim 1 The system as recited in claim 9, wherein the audio data comprises first audio data, and the acts further comprising sending second audio data to the first device for output by at least one speaker of the first device at least partly prior to the second device outputting the output data, wherein the second audio data indicates that the second device is to output the output data. generating first output data to be presented by the first device, the output data including a query regarding whether the content is to be presented on a second device; Claim 14 Claim 5 The system as recited in claim 9, wherein the audio data comprises first audio data, and the acts further comprising receiving second audio data generated using the at least one microphone of the first device, the second audio data including a confirmation to output the content on the second device. The system as recited in claim 1, wherein the input audio data is first input audio data, and wherein the acts further comprise: receiving, at the first device, second input audio data including a confirmation to present the content on the second device. Claim 16 Claim 1 One or more non-transitory computer-readable media storing computer-executable instructions that, when executed, cause one or more processors to perform acts comprising: receiving audio data generated using at least one microphone of a first device; A system comprising: one or more processors; memory; and computer-executable instructions stored in the memory that, when executed by the one or more processors, cause the one or more processors to perform acts comprising: receiving, at a first device, input audio data; performing speech recognition using the audio data to identify a command to present content using a second device, the second device associated with the first device; performing speech recognition on the input audio data to determine a command to present content; generating first output data to be presented by the first device, the output data including a query regarding whether the content is to be presented on a second device; wherein the first device and the second device are associated. sending output data based on the content to the second device. determining to use the second device Claim 20 Claim 1 The one or more non-transitory computer-readable media as recited in claim 16, wherein the audio data comprises first audio data, and the acts further comprising sending second audio data to the first device for output by at least one speaker of the first device at least partly prior to the second device outputting the output data, wherein the second audio data indicates that the second device is to output the output data. generating first output data to be presented by the first device, the output data including a query regarding whether the content is to be presented on a second device; Claim 21 Claim 5 The one or more non-transitory computer-readable media as recited in claim 16, wherein the audio data comprises first audio data, and the acts further comprising receiving second audio data generated using the at least one microphone of the first device, the second audio data including a confirmation to output the content on the second device. The system as recited in claim 1, wherein the input audio data is first input audio data, and wherein the acts further comprise: receiving, at the first device, second input audio data including a confirmation to present the content on the second device. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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 2, 3, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 19, 20 and 21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more. Claims 2, 9 and 16 provide teaching for receiving audio from a microphone at a first device, performing speech recognition on the audio to identify a command for presenting content at a second device, whereby the first device and the second device are associated together, considering the command, identifying the content and the second device, and finally sending intended output data to the second device based on the content. Nothing in the claims precludes them from being performed in the human mind. The entire process involves data gathering in the form of receiving audio data, and the identifying of the content, data analysis in the form of identifying a command as well as the content and the second device mentioned in the command, and data presentation in the form of sending output data to the second device. A human may receive a speech command from a user at one location, analyse the speech command to determine the mentioning of a particular content and a second location for the content to be made available to, whereby the first location and the second location are both accessible to the user, and making the particular content available at the second location. The mentioning of the one or more processors and the computer-readable media simply serves as available hardware to be able to perform the claimed invention. The microphone is provided as a tool for a pre-activity solution of receiving audio input before beginning the intended process. The presentation of content using the second device is a post-activity solution, in that this simply outputs information after having determined the content to the presented. Claims 2, 9 and 16 hereby recite a mental process . This judicial exception is not integrated into a practical application as the claims simply teach of gathering data, analysing data, and presenting data. The invention is not tied to any particular defining structure and simply processes instructions to apply the judicial exception. The techniques can be performed by a generic computer which would be presented as a tool to implement the abstract idea (classifiable as automation of a mental concept). The Specification in [0029] provides the available devices for enacting the limitations of the claimed invention as being laptop/desktop computers, mobile phones, televisions or the like, each being coupled to a network, and each being suitable to execute the claimed technique. These provide that general-purpose computers can be applied to the claimed invention. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the invention is not tied to a practical application. The claims provide techniques that amount to no more than mere instructions that apply the judicial exception which can be performed by a generic device. Merely mentioning the processor and the computer-readable media amounts to no more than general-purpose hardware used as tools to implement the abstract idea and do not provide any particular application other than applying it for the purpose of implementing a judicial exception. Mere instructions to apply an exception using a generic device cannot provide an inventive concept. Claims 2, 9 and 16 are not eligible. Claims 3, 10 and 17 provide sending output data having visual content to be displayed on the second device. A human may simply make visual content available at a second location. The mentioning of a display of the second device simply serves as a tool for presenting content, generally for implementing the abstract idea. This does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception. Claims 5, 12 and 19 provide the initial presence of first audio data, and sending second audio data to the first device for output using a speaker of the first device. A human may receive first speech from the user at a first location, and the human then gives a further audible output to the user. The presence of the speaker simply serves as a tool to implement the abstract idea. Also, the outputting of audio at the speaker is simply a post-solution activity, after having determined the audio to be presented at the speaker. This does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception. Claims 6, 13 and 20 provide the initial presence of first audio data, providing second audio data at the first device, the second audio data being for indicating that the second device is to output the output data. A human may receive first speech from the user at a first location, to which the human then gives a further audible output to the user in order to let the user know that the intended output data would be presented at a second location. The presence of the speaker simply serves as a tool to implement the abstract idea. Also, the outputting of audio at the speaker is simply a post-solution activity, after having determined the audio to be presented at the speaker. This does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception. Claims 7, 14 and 21 provide the initial presence of first audio, receiving second audio generated using a microphone which includes a confirmation to output content at the second device. A human may receive first speech from the user at a first location, and then the human also gives a speech confirmation that the content should be presented at the second location. The presence of the microphone simply serves as a tool to implement the abstract idea. This does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception. Claims 8 and 15 provide the initial presence of first audio data, sending second audio data to the first device regarding a query on whether to output the content to the second device, and receiving third audio data from a microphone to indicate a confirmation to output the content on the second device. A human may receive first speech from the user at a first location, the human may provide the user with second speech querying the user on if to present the content at the second location, and receive from the user, third speech where the user confirms that the content should be made available at the second location. This does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception. Claim Rejections - 35 USC § 102 07-07-fti The following is a quotation of the appropriate paragraphs of pre-AIA 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 – 07-12-fti 07-12 (e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the Applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the Applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language. 07-15-03-fti Claims 2, 3, 4, 9, 10, 11, 16, 17 and 1 8 are rejected under pre-A IA 35 U.S.C. 102(e) as being anticipated by Kenn edy et al. (US 2 01 4/0143666 A1: hereafter — Kennedy). For claim 2 , Kennedy discloses a method comprising: receiving audio data generated using at least one microphone of a first device (Kennedy: [0047] — host device with a microphone ; [0011] — user provides a verbal command to a personal assistant ); performing speech recognition using the audio data to identify a command to present content using a second device, the second device associated with the first device (Kennedy: [0037], [0039] — performing speech recognition on verbal commands received from the user ; [0074] — user provides a verbal command to a personal assistant ; [0076] — determining if the command involves content ; [0044] — a personal assistant operating on a device and being able to aggregate content on multiple devices all over a user’s network ; [0077], [0082] — identifying the target device ; [0084] — the target device ( second device ) being specified in the command, and recognised by the personal assistant ); identifying, based on the command, the content and the second device (Kennedy: [0076] — determining if the command involves content and being able to identify the content ; [0077], [0082] — identifying the target device ; [0084] — the target device ( second device ) being specified in the command, and recognised by the personal assistant ); and sending output data based on the content to the second device (Kennedy: FIG. 7B Step 796 — streaming the content to the target location ). For claim 3 , claim 2 is incorporated and the reference of Kennedy discloses the method, wherein the sending output data comprises sending visual content to the second device for output on a display of the second device (Kennedy: [0076] — the content could be a live TV program ( visual content )). For claim 4 , claim 2 is incorporated and the reference of Kennedy discloses the method, wherein the sending output data comprises sending visual content to the second device for output on a display of the second device, and wherein the first device comprises a voice-controlled device and the second device comprises a television (Kennedy: [0076] — the content could be a live TV program ( visual content ); [0028] — a television ; [0051] — voice command controlled personal assistant ). As for claim 9 , system claim 9 and method claim 2 are related as apparatus and the method of using same, with each claimed element’s function corresponding to the claimed method step. Kennedy in [0034] provides teaching for a processor and a memory, suitable to address the limitations of this claim. Accordingly, claim 9 is similarly rejected under the same rationale as applied above with respect to method claim 2. As for claim 10 , system claim 10 and method claim 3 are related as apparatus and the method of using same, with each claimed element’s function corresponding to the claimed method step. Accordingly, claim 10 is similarly rejected under the same rationale as applied above with respect to method claim 3. As for claim 11 , system claim 11 and method claim 4 are related as apparatus and the method of using same, with each claimed element’s function corresponding to the claimed method step. Accordingly, claim 11 is similarly rejected under the same rationale as applied above with respect to method claim 4. As for claim 16 , computer program media claim 16 and method claim 2 are related as computer program product storing executable instructions required for performing the claimed method steps on a computer. Kennedy in [0038] provides teaching for programmable instructions, and in [0034], computer memory, suitable to address the limitations of this claim. Accordingly, claim 16 is similarly rejected under the same rationale as applied above with respect to method claim 2. As for claim 17 , computer program media claim 17 and method claim 3 are related as computer program product storing executable instructions required for performing the claimed method steps on a computer. Accordingly, claim 17 is similarly rejected under the same rationale as applied above with respect to method claim 3. As for claim 18 , computer program media claim 18 and method claim 4 are related as computer program product storing executable instructions required for performing the claimed method steps on a computer. Accordingly, claim 18 is similarly rejected under the same rationale as applied above with respect to method claim 4 . Claim Rejections - 35 USC § 103 07-20-fti The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made. 07-21-fti Claims 5, 12 and 19 are re jected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Ke nnedy (US 2014/0143666 A1) as applied to claim 2, in view of Krueger et al. (US 2013/0325479 A1: hereafter — Krueger). F or claim 5 , claim 2 is incorporated but the reference of Kennedy fails to disclose the limitation of this claim, for which the reference of Krueger is now introduced to teach as the method, wherein the audio data comprises first audio data, and further comprising sending second audio data to the first device for output by at least one speaker of the first device (Krueger: [0009] — the processor generates audio output in response to the user request input, this output being provided at a speaker ). The reference of Kennedy provides teaching for receiving first audio from a user, but differs from the claimed invention in that the claimed invention further provides teaching for sending second audio data to the first device for outputting at a speaker of the first device. This isn’t new to the art as the reference of Krueger is seen to teach above. Hence, before the effective filing data of the claimed invention, one of ordinary skill in the would have found it obvious to modify the teaching of Kennedy which receives first audio from a user at a microphone, by incorporating the known teaching of Krueger which sends second audio at the speaker of the first device, to thereby come up with the claimed invention. The combination of both prior art elements would have provided the predictable result of engaging a user in an almost natural-appearing conversation. See KSR Int’l Co. v. Teleflex Inc. , 550 U.S. 398, 415-421, 82 USPQ2d 1385,1395-97 (2007). As for claim 12 , system claim 12 and method claim 5 are related as apparatus and the method of using same, with each claimed element’s function corresponding to the claimed method step. Accordingly, claim 12 is similarly rejected under the same rationale as applied above with respect to method claim 5. As for claim 19 , computer program product claim 19 and method claim 5 are related as computer program product storing executable instructions required for performing the claimed method steps on a computer. Accordingly, claim 19 is similarly rejected under the same rationale as applied above with respect to method claim 5 . 07-21-fti Claims 6, 7, 8, 13, 14, 15, 2 0 and 21 are rejected und er pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kennedy (US 2 014/0143666 A1) as applied to claim 2, in view of Chi et al. (US 8,725,893 B1: hereafter — Chi). For claim 6 , c laim 2 is incorporated and the reference of Kennedy provides teaching for receiving first audio data from a user as provided. This reference also provides teaching for a speech generator [0039] able to generate speech that gets communicated to a user, as well as allowing interactive communication between a user and the personal assistant of the device, thereby teaching of the presence of second audio data in response to the user’s first audio data which would be output at a speaker, this same reference in [0036] providing output devices (which, in conjunction with the speech generator, would include a speaker for outputting information). Kennedy in [0026] allows for interactive communication between a user and the personal assistant on the device. The reference of Kennedy however fails to teach the further limitation of this claim, for which the reference of Chi is now introduced to teach as: the method, wherein the audio data comprises first audio data, and further comprising sending second audio data to the first device for output by at least one speaker of the first device at least partly prior to the second device outputting the output data, wherein the second audio data indicates that the second device is to output the output data (Chi: Col 8 lines 34–42 — the HMD ( head - mounted device ) being able to identify the occurrence of content to be transferred, and notify a user of the transfer of the content to a second device, and then transfer the content to the second device ( the notification being akin to the claimed second audio that indicates that the second device is to output the output data, this occurring at the first device prior to the second device actually outputting the content ); Col 17 lines 49–53 — a speaker as an output device ( capable of outputting audio )). Hence, before the effective filing data of the claimed invention, one of ordinary skill in the would have found it obvious to modify the teaching of Kennedy which generates speech to be output to a user in response to a user’s first audio input, by incorporating the teaching of Chi which notifies a user of presenting content at a second device, to thereby come up with the claimed invention. The combination of both prior art elements would have provided the predictable result of having a system able to engage in a conversation with a human, while carrying the human along on tasks that the system is about to perform, so that the human is prepared for approaching actions. See KSR Int’l Co. v. Teleflex Inc. , 550 U.S. 398, 415-421, 82 USPQ2d 1385,1395-97 (2007). For claim 7 , claim 2 is incorporated and the reference of Kennedy provides teaching for receiving first audio data from a user as provided in [0039] for performing speech recognition on verbal commands received from the user. This reference also provides teaching for a speech generator [0039] able to generate speech that gets communicated to a user, as well as allowing interactive communication between a user and the personal assistant of the device, as provided in [0049] which shows a back and forth interaction, indicating that a user may present second audio data, thereby teaching of the presence of second audio data in response to the user’s first audio data which would be output at a speaker. This same reference in [0036] provides output devices (which, in conjunction with the speech generator, would include a speaker for outputting information). Kennedy in [0026] allows for interactive communication between a user and the personal assistant on the device and a microphone for such use in [0047]. The reference of Kennedy fails to teach the further limitations of this claim, regarding the receiving of second data generated from the user to include a confirmation to output content on the second device. The reference of Chi is instead introduced to teach this as: the method, wherein the audio data comprises first audio data, and further comprising receiving second [[audio]] data generated using [[the at least one microphone of]] the first device, the second audio data including a confirmation to output the content on the second device (Chi: Col 9 lines 12–26 — ‘ In one example, the HMD may recognize one or more potential second devices in the image and provide a user with an option to select the desired second device from the one or more recognized potential second devices of the image .’ ( the system provides the user with an option to select the desired second device to output the content, which is akin to the user providing confirmation to output the content at the second device, noting that one second device could be presented which the user has to confirm, this user confirmation also being akin to the claimed second audio data )). Hence, before the application was effectively filed, one of ordinary skill in the art would have found it obvious to modify the teaching of Kennedy which teaches of receiving second audio data from a user while continuing an interaction with the digital assistant of a device, by incorporating the teaching of Chi which prompts a user to present a confirmation that content would be made available on a second device, to thereby come up with the claimed invention. The combination of both prior art elements would have provided the predictable result of having a system able to engage in a conversation with a human, while ensuring that the human is made aware of data content presented on any of the human’s devices, keeping the human involved in control of the decisions made. See KSR Int’l Co. v. Teleflex Inc. , 550 U.S. 398, 415-421, 82 USPQ2d 1385,1395-97 (2007). For claim 8 , claim 2 is incorporated and the reference of Kennedy provides teaching for the method, wherein the audio data comprises first audio data (Kennedy: [0039] — performing speech recognition on verbal commands received from the user ( as first audio data )), and further comprising: sending second audio data to the first device for output by at least one speaker of the first device, [[the second audio data including a query regarding whether to output the content on the second device]] (Kennedy: [0039] — a speech generator able to generate speech that gets communicated to a user ; [0036] — provides output devices ( which, in conjunction with the speech generator, would include a speaker for outputting information )); receiving third audio data generated using the at least one microphone of the first device, [[the third audio data including a confirmation to output the content on the second device]] (Kennedy: [0026] — allows for interactive communication between a user and the personal assistant on the device ; [0047] — a microphone for such use in receiving the user’s speech input ). The reference of Kennedy fails to disclose the further limitations of this claim, for which the reference of Chi is now introduced to teach as: sending second audio data to the first device for output by at least one speaker of the first device, the second audio data including a query regarding whether to output the content on the second device (Chi: Col 9 lines 12–26 — ‘ In one example, the HMD may recognize one or more potential second devices in the image and provide a user with an option to select the desired second device from the one or more recognized potential second devices of the image ’ ( providing the option to select the desired second device is akin to the claimed query regarding whether to output the content on the second device, given that there could be one available second device and let the user choose that second device, the prompt being for the user to indicate that the content is to be transferred to that second device )); receiving third audio data generated using the at least one microphone of the first device, the third audio data including a confirmation to output the content on the second device (Chi: Col 9 lines 12–26 — ‘ In one example, the HMD may recognize one or more potential second devices in the image and provide a user with an option to select the desired second device from the one or more recognized potential second devices of the image ’ ( the user’s selection is akin to third audio data confirming that the content should be output on the selected second device )). The same motivation for combination as applied to claim 7 above is applicable here still. As for claim 13 , system claim 13 and method claim 6 are related as apparatus and the method of using same, with each claimed element’s function corresponding to the claimed method step. Accordingly, claim 13 is similarly rejected under the same rationale as applied above with respect to method claim 6. As for claim 14 , system claim 14 and method claim 7 are related as apparatus and the method of using same, with each claimed element’s function corresponding to the claimed method step. Accordingly, claim 14 is similarly rejected under the same rationale as applied above with respect to method claim 7. As for claim 15 , system claim 15 and method claim 8 are related as apparatus and the method of using same, with each claimed element’s function corresponding to the claimed method step. Accordingly, claim 15 is similarly rejected under the same rationale as applied above with respect to method claim 8. As for claim 20 , computer program product claim 20 and method claim 6 are related as computer program product storing executable instructions required for performing the claimed method steps on a computer. Accordingly, claim 20 is similarly rejected under the same rationale as applied above with respect to method claim 6. As for claim 21 , computer program product claim 21 and method claim 7 are related as computer program product storing executable instructions required for performing the claimed method steps on a computer. Accordingly, claim 21 is similarly rejected under the same rationale as applied above with respect to method claim 7 . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure. RYU et al. (US 2013/0132081 A1) provides teaching for receiving speech from a user, generating the speech information corresponding to the received speech and sending the generated speech information to the apparatus, wherein the speech information sent to the apparatus searches for contents that are to be transmitted to the second device [0025]. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to OLUWADAMILOLA M. OGUNBIYI whose telephone number is (571)272-4708. The Examiner can normally be reached Monday – Thursday (8:00 AM – 5:30 PM Eastern Standard Time). 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, PARAS D. SHAH can be reached at (571) 270-1650. 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 . /OLUWADAMILOLA M OGUNBIYI/Examiner, Art Unit 2653 /Paras D Shah/Supervisory Patent Examiner, Art Unit 2653 05/26/2026 Application/Control Number: 18/656,086 Page 2 Art Unit: 2653 Application/Control Number: 18/656,086 Page 3 Art Unit: 2653 Application/Control Number: 18/656,086 Page 4 Art Unit: 2653 Application/Control Number: 18/656,086 Page 5 Art Unit: 2653 Application/Control Number: 18/656,086 Page 6 Art Unit: 2653 Application/Control Number: 18/656,086 Page 7 Art Unit: 2653 Application/Control Number: 18/656,086 Page 8 Art Unit: 2653 Application/Control Number: 18/656,086 Page 9 Art Unit: 2653 Application/Control Number: 18/656,086 Page 10 Art Unit: 2653 Application/Control Number: 18/656,086 Page 11 Art Unit: 2653 Application/Control Number: 18/656,086 Page 12 Art Unit: 2653 Application/Control Number: 18/656,086 Page 13 Art Unit: 2653 Application/Control Number: 18/656,086 Page 14 Art Unit: 2653 Application/Control Number: 18/656,086 Page 15 Art Unit: 2653 Application/Control Number: 18/656,086 Page 16 Art Unit: 2653 Application/Control Number: 18/656,086 Page 17 Art Unit: 2653 Application/Control Number: 18/656,086 Page 18 Art Unit: 2653 Application/Control Number: 18/656,086 Page 19 Art Unit: 2653 Application/Control Number: 18/656,086 Page 20 Art Unit: 2653 Application/Control Number: 18/656,086 Page 21 Art Unit: 2653 Application/Control Number: 18/656,086 Page 22 Art Unit: 2653 Application/Control Number: 18/656,086 Page 23 Art Unit: 2653 Application/Control Number: 18/656,086 Page 24 Art Unit: 2653 Application/Control Number: 18/656,086 Page 25 Art Unit: 2653 Application/Control Number: 18/656,086 Page 26 Art Unit: 2653 Application/Control Number: 18/656,086 Page 27 Art Unit: 2653 Application/Control Number: 18/656,086 Page 28 Art Unit: 2653 Application/Control Number: 18/656,086 Page 29 Art Unit: 2653 Application/Control Number: 18/656,086 Page 30 Art Unit: 2653 Application/Control Number: 18/656,086 Page 31 Art Unit: 2653 Application/Control Number: 18/656,086 Page 32 Art Unit: 2653 Application/Control Number: 18/656,086 Page 33 Art Unit: 2653 Application/Control Number: 18/656,086 Page 34 Art Unit: 2653 Application/Control Number: 18/656,086 Page 35 Art Unit: 2653 Application/Control Number: 18/656,086 Page 36 Art Unit: 2653 Application/Control Number: 18/656,086 Page 37 Art Unit: 2653 Application/Control Number: 18/656,086 Page 38 Art Unit: 2653
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