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 Arguments
Applicant’s arguments (2/23/26) with respect to claims 52 and 63 and reference Garner not disclosing limitations “maintaining a first list of commands for a first listening state, wherein the first maintained list of commands comprises a first plurality of individually identifiable voice commands configured to perform actions other than device wakeup, maintaining a second list of commands for a second listening state, wherein the second maintained list of commands comprises a second plurality of individually identifiable voice commands configured to perform actions other than device wakeup, and wherein the second plurality of individually identifiable voice commands is distinct from the first plurality of individually identifiable voice commands, wherein the device, while operating in the first listening state: accesses the first maintained list of commands for the first listening state, and based on determining the first received voice command matches a first command of the first maintained list of commands, performing a first action corresponding to the first command, wherein the first action does not comprise device wakeup or wherein the device, while operating in the second listening state: accesses the second maintained list of commands for the second listening state, and based on determining the second received voice command matches a second command of the second maintained list of commands, performing a second action corresponding to the first command, wherein the second action does not comprise device wakeup” (Arguments, pg. 10-11) have been considered but are moot in light of new grounds of rejection with reference Freeman as provided below.
Regarding the Double Patenting rejections of the claims, Applicant requests reconsideration in light of the amendments to the claims (Arguments, pg. 11). The rejection is presented below as the amendments to claims 52 and 63 do not address the rejection.
Double Patenting
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Patent
(US 12,019,952 B2)
Instant Application
(18/661,148)
1. A method comprising:
operating a voice assistant device in a first mode, wherein: while operating the voice assistant device in the first mode, the voice assistant device is constrained such that it is limited to detect and respond only to a first set of voice commands; and
receiving a first audio input while operating the voice assistant device in the first mode causes the voice assistant device to: in response to determining the first audio input matches a voice command of the first set of voice commands, respond to the first audio input; and
in response to determining the first audio input does not match a voice command of the first set of voice commands, ignore the first audio input;
detecting a non-speech second audio input; and in response to determining that the second audio input matches a stored audio signature associated with a second mode, switching the voice assistant device to operating in the second mode, wherein: while operating in the second mode, the voice assistant device is constrained such that it is limited to detect and respond only to a second set of voice commands different from the first set of voice commands; and
receiving a third audio input while operating the voice assistant device in the second mode causes the voice assistant device to: in response to determining the third audio input matches a voice command of the second set of voice commands, responding to the third audio input; and in response to determining the third audio input does not match a voice command of the second set of voice commands, ignoring the third audio input.
52. A method comprising:
operating a device in a default state, wherein, while operating the device in the default state, the device is configured to listen to a plurality of audio triggers;
maintaining a first list of commands for a first listening state, wherein the first maintained list of commands comprises a first plurality of individually identifiable voice commands configured to perform actions other than device wakeup;
based on detecting a first audio trigger of the plurality of audio triggers, switching the device to operating in the first listening state, wherein the device, while operating in the first listening state: receives a first voice command, accesses the first maintained list of commands for the first listening state, and based on determining the first received voice command matches a first command of the first maintained list of commands, performing a first action corresponding to the first command, wherein the first action does not comprise device wakeup
maintaining a second list of commands for a second listening state, wherein the second maintained list of commands comprises a second plurality of individually identifiable voice commands configured to perform actions other than device wakeup, and wherein the second plurality of individually identifiable voice commands is distinct from the first plurality of individually identifiable voice commands
after returning the device to the default state, based on detecting a second audio trigger of the plurality of audio triggers, switching the device to operating in the second listening state, wherein the device, while operating in the second listening state: receives a second voice command, accesses the second maintained list of commands for the second listening state, and based on determining the second received voice command matches a second command of the second maintained list of commands, performing a second action corresponding to the second command, wherein the second action does not comprise device wakeup
Claims 52 and 63 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 11 of U.S. Patent No. US 10,929,097 B2 as provided in the Table above in view of references Garner (US 2018/0047386 A1) and Freeman (US 2008/0248797 A1). Although the conflicting claims are not identical, they are not patentably distinct from each other because Garner discloses: “after returning the device to the default state, based on detecting a second audio trigger of the plurality of audio triggers, switching the device to operating in the second listening state” (para. [0031]; para. [0035]; para. [0056]; para. [0057]; para. [0063]), while Freeman discloses: “wherein the first maintained list of commands comprises a first plurality of individually identifiable voice commands configured to perform actions other than device wakeup” (fig. 8A-8C; para. [0041]; para. [0045]), “wherein the first action does not comprise device wakeup” (fig. 8A-8C; para. [0041]), “wherein the second maintained list of commands comprises a second plurality of individually identifiable voice commands configured to perform actions other than device wakeup” (fig. 8A-8C; para. [0041]; para. [0043]; para. [0045]), and “wherein the second action does not comprise device wakeup” (fig. 8A; fig. 8B; para. [0010]; para. [0041]; para. [0043]) It would have been obvious to one of ordinary skill in the art at the time of the effective filing to implement the missing features of the instant application, as taught by Garner and Freeman for all the reasons described by the references such as providing reduced processing, thereby consuming fewer resources (Garner, para. [0031]) and performing functions without excessive computational capability and without excessive power consumption (Freeman, para. [0045]).
Patent
(US 10,929,097 B2)
Instant Application
(18/661,148)
1. A method for enabling different modes of operation based on an audio trigger, the method comprising:
generating a first audio signature for a detected first sound; comparing the first audio signature with each of a plurality of registered audio signatures; determining, based on comparing the first audio signature with each of the plurality of registered audio signatures, whether the first audio signature matches any of the plurality of registered audio signatures; in response to determining that the first audio signature matches a first registered audio signature of the plurality of registered audio signatures: retrieving a first plurality of commands associated with the first registered audio signature; generating a second audio signature for a detected second sound; determining, based on the second audio signature, whether the second sound matches any of the first plurality of commands; based on determining that the second sound matches a first command of the first plurality of commands, executing the first command, wherein the executing the first command comprises:
receiving a database entry associated with the first command, wherein the database entry comprises the second audio signature and a corresponding action;
retrieving, from the database entry, the corresponding action; and
performing the corresponding action; and
based on determining that the second sound does not match any of the first plurality of commands, refraining from taking any action based on the second sound; and
in response to determining that the first audio signature matches a second registered audio signature of the plurality of audio signatures: retrieving a second plurality of commands associated with the second registered audio signature, wherein the second plurality of commands is different from the first plurality of commands; generating a third audio signature for a detected third sound; determining, based on the third audio signature, whether the third sound matches any of the second plurality of commands; based on determining that the third sound matches a second command of the second plurality of commands, executing the second command; and
based on determining that the third sound does not indicate any of the second plurality of commands, refraining from taking any action based on the third sound.
52. A method comprising:
operating a device in a default state, wherein, while operating the device in the default state, the device is configured to listen to a plurality of audio triggers;
maintaining a first list of commands for a first listening state, wherein the first maintained list of commands comprises a first plurality of individually identifiable voice commands configured to perform actions other than device wakeup;
based on detecting a first audio trigger of the plurality of audio triggers, switching the device to operating in the first listening state, wherein the device, while operating in the first listening state:
receives a first voice command, accesses the first maintained list of commands for the first listening state, and based on determining the first received voice command matches a first command of the first maintained list of commands, performing a first action corresponding to the first command, wherein the first action does not comprise device wakeup
maintaining a second list of commands for a second listening state, wherein the second maintained list of commands comprises a second plurality of individually identifiable voice commands configured to perform actions other than device wakeup, and wherein the second plurality of individually identifiable voice commands is distinct from the first plurality of individually identifiable voice commands
after returning the device to the default state, based on detecting a second audio trigger of the plurality of audio triggers, switching the device to operating in the second listening state, wherein the device, while operating in the second listening state: receives a second voice command, accesses the second maintained list of commands for the second listening state, and based on determining the second received voice command matches a second command of the second maintained list of commands, performing a second action corresponding to the second command, wherein the second action does not comprise device wakeup
Claims 52 and 63 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8 and 10 of U.S. Patent No. US 10,929,097 B2 as provided in the Table above in view of references Garner (US 2018/0047386 A1) and Freeman (US 2008/0248797 A1). Although the conflicting claims are not identical, they are not patentably distinct from each other because Garner discloses: “operating a device in a default state, wherein, while operating the device in the default state, the device is configured to listen to a plurality of audio triggers” (para. [0031]), and “after returning the device to the default state, based on detecting a second audio trigger of the plurality of audio triggers, switching the device to operating in the second listening state” (para. [0031]; para. [0035]; para. [0056]; para. [0057]; para. [0063]), while Freeman discloses: “wherein the first maintained list of commands comprises a first plurality of individually identifiable voice commands configured to perform actions other than device wakeup” (fig. 8A-8C; para. [0041]; para. [0045]), “wherein the first action does not comprise device wakeup” (fig. 8A-8C; para. [0041]), “wherein the second maintained list of commands comprises a second plurality of individually identifiable voice commands configured to perform actions other than device wakeup” (fig. 8A-8C; para. [0041]; para. [0043]; para. [0045]), and “wherein the second action does not comprise device wakeup” (fig. 8A; fig. 8B; para. [0010]; para. [0041]; para. [0043]) It would have been obvious to one of ordinary skill in the art at the time of the effective filing to implement the missing features of the instant application, as taught by Garner and Freeman for all the reasons described by the references such as providing reduced processing, thereby consuming fewer resources (Garner, para. [0031]) and performing functions without excessive computational capability and without excessive power consumption (Freeman, para. [0045]).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 58, 59 and 69 are still rejected (10/22/25, pg. 13-15) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The independent claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventors, at the time the application was filed, had possession of the claimed invention.
In particular the claims still recites limitations “the device is constrained such that the device’s capability to process voice commands is limited to detecting and responding only to a first/second plurality of voice commands and all other voice commands not in the first/second plurality of voice commands are ignored” and “the device is constrained such that the device's capability to process audio inputs is limited to detecting and responding only to the plurality of audio triggers and all other audio inputs not in the plurality of audio triggers are ignored”. Based on Arguments presented by Applicant and Applicant’s original disclosure including original figure 6, there is no showing of how the device’s capability to process voice commands is limited to detecting only a first/second plurality of voice commands/a plurality of audio triggers if other voice commands and audio triggers not in the first/second plurality of voice commands/plurality of audio triggers, without being detected, are also simultaneously ignored.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
1. Claims 52-56, 59-60, 62-67, 69, 70 and 72 are rejected under 35 U.S.C. 103 as being unpatentable over Garner et al US 2018/0047386 A1 (“Garner”) in view of Freeman et al US 2008/0248797 A1 (“Freeman”)
Per claim 52, Garner discloses a method comprising:
operating a device in a default state, wherein while operating the device in the default state, the device is configured to listen to a plurality of audio triggers (while in power save or sleep mode, VPS 102 may only be listening for one or more trigger words …, para. [0031]);
based on detecting a first audio trigger of the plurality of audio triggers, switching the device to operating in the first listening state, wherein the device, while operating in the first listening state: receives a first voice command (fig. 3; upon the detection of a trigger word 114, VPS 102 may wake up, become fully active. In an embodiment, while in the active state, VPS 102 may begin ‘listening’ to data 106 for one or more voice commands 108 to perform functions corresponding to those voice commands …, para. [0031]; In an embodiment, VPS 102 may be configured to operate or interact with a number of different devices (e.g., 110). Each device 110 may have its own unique trigger words 114, voice commands 108, and/or authenticated users. For example, a first trigger word 114/voice command 108 may activate a first multimedia device 110 …, para. [0035]; voice authenticator 102A may perform processing to identify when user 302A is speaking (as discussed above using user signatures), and then voice interpreter 102B may determine if any commands were spoken. Or, for example, each user 302A may be authorized to speak different commands …, para. [0056]; If the user is authorized, VPS 102 may execute the command. If the user is not authorized, VPS 102 may ignore the command …, para. [0057], VPS 102 operating in active state as operating in a first listening state, command received after triggering as first voice command); and
after returning the device to the default state, based on detecting a second audio trigger input of the plurality of audio triggers, switching the device to operating in the second listening state, wherein the device, while operating in the second listening state: receives a second voice command (For example, when not being used (or after having not been used for a period of time), VPS 102 may enter a power save or sleep mode.… upon the detection of a trigger word 114, VPS 102 may wake up, become fully active. In an embodiment, while in the active state, VPS 102 may begin ‘listening’ to data 106 for one or more voice commands 108 to perform functions corresponding to those voice commands …, para. [0031]; VPS 102 may be configured to operate or interact with a number of different devices (e.g., 110). Each device 110 may have its own unique trigger words 114, voice commands 108 … For example, a first trigger word 114/voice command 108 may activate a first multimedia device 110, while a second trigger word 114/voice command 108 may activate a different device (not shown) … A voice command 108 may also be a trigger word 114.…, para. [0035]; voice authenticator 102A may perform processing to identify when user 302A is speaking (as discussed above using user signatures), and then voice interpreter 102B may determine if any commands were spoken. Or, for example, each user 302A may be authorized to speak different commands …, para. [0056]; If the user is authorized, VPS 102 may execute the command. If the user is not authorized, VPS 102 may ignore the command …, para. [0057]; para. [0063], power save or sleep mode as default state, VPS 102 returns to power save or sleep mode after not being used for a period of time, VPS 102 awakens upon the detection of a second trigger word and begins listening for one or more voice commands, VPS 102 operating with a second device (that is triggered by first trigger word) of devices 110 as operating in a second listening state, each device as having its own unique voice commands)
Garner does not explicitly disclose maintaining a first list of commands for a first listening state, wherein the first maintained list of commands comprises a first plurality of individually identifiable voice commands configured to perform actions other than device wakeup, maintaining a second list of commands for a second listening state, wherein the second maintained list of commands comprises a second plurality of individually identifiable voice commands configured to perform actions other than device wakeup, and wherein the second plurality of individually identifiable voice commands is distinct from the first plurality of individually identifiable voice commands, wherein the device, while operating in the first listening state: accesses the first maintained list of commands for the first listening state, and based on determining the first received voice command matches a first command of the first maintained list of commands, performing a first action corresponding to the first command, wherein the first action does not comprise device wakeup or wherein the device, while operating in the second listening state: accesses the second maintained list of commands for the second listening state, and based on determining the second received voice command matches a second command of the second maintained list of commands, performing a second action corresponding to the first command, wherein the second action does not comprise device wakeup
However, these features are taught by Freeman:
maintaining a first list of commands for a first listening state, wherein the first maintained list of commands comprises a first plurality of individually identifiable voice commands configured to perform actions other than device wakeup (fig. 8A-8D; operating the portable electric device to listen for a user voice command; monitoring an operational state of the portable electronic device; receiving an audio input; determining a set of commands that are authorized for usage with the portable electronic while in the operational state …, para. [0009]; the available commands being provided to voice-to-command analyzer 300 can be restricted to those that are appropriate given the current state of the electronic device…, para. [0041]; the operational state may correspond to a functional mode, usage or program being utilized by the portable electronic device. As another example, the operational state can pertain to a state of a graphical user interface being provided on a display associated with the portable electronic device, para. [0043]);
maintaining a second list of commands for a second listening state, wherein the second maintained list of commands comprises a second plurality of individually identifiable voice commands configured to perform actions other than device wakeup, and wherein the second plurality of individually identifiable voice commands is distinct from the first plurality of individually identifiable voice commands (fig. 8A-8D; operating the portable electric device to listen for a user voice command; monitoring an operational state of the portable electronic device; receiving an audio input; determining a set of commands that are authorized for usage with the portable electronic while in the operational state …, para. [0009]; the available commands being provided to voice-to-command analyzer 300 can be restricted to those that are appropriate given the current state of the electronic device…, para. [0041]; the operational state may correspond to a functional mode, usage or program being utilized by the portable electronic device. As another example, the operational state can pertain to a state of a graphical user interface being provided on a display associated with the portable electronic device, para. [0043]);
wherein the device, while operating in the first listening state: accesses the first maintained list of commands for the first listening state, and based on determining the first received voice command matches a first command of the first maintained list of commands, performing a first action corresponding to the first command, wherein the first action does not comprise device wakeup (fig. 8A-8D; The processor can operate to perform the one or more predetermined commands when the voice analyzer determines that the voice input substantially matches characteristics of the one or more predetermined commands, para. [0010]; para. [0041]; the operational state may correspond to a functional mode, usage or program being utilized by the portable electronic device. As another example, the operational state can pertain to a state of a graphical user interface being provided on a display associated with the portable electronic device, para. [0043]);
wherein the device, while operating in the second listening state: accesses the second maintained list of commands for the second listening state, and based on determining the second received voice command matches a second command of the second maintained list of commands, performing a second action corresponding to the first command, wherein the second action does not comprise device wakeup (fig. 8A-8D; The processor can operate to perform the one or more predetermined commands when the voice analyzer determines that the voice input substantially matches characteristics of the one or more predetermined commands, para. [0010]; para. [0041]; para. [0043])
It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to combine the teachings of Freeman with the method of Garner in arriving at the missing features of Garner, because such combination would have resulted in performing functions without excessive computational capability and without excessive power consumption (Freeman, para. [0045]).
Per claim 53, Garner in view of Freeman discloses the method of claim 52,
Freeman discloses: receiving a first audio input while operating the device in the first listening state, which causes the device to: based on determining the first audio input matches a command of the first maintained list of commands, respond to the first audio input (para. [0010]; para. [0041]);
based on determining the first audio input does not match any commands of the first maintained list of voice commands, ignore the first audio input (fig. 5; fig. 8A; para. [0041]; para. [0048]);
receiving a second audio input while operating the device in the second listening state, which causes the device to: based on determining the second audio input matches a command of the second maintained list of voice commands, respond to the second audio input (para. [0010]; para. [0041]); and
based on determining the second audio input does not match any commands of the second maintained list of voice commands, ignore the second audio input (fig. 5; fig. 8B; para. [0041]; para. [0048]).
Per claim 54, Garner in view of Freeman discloses the method of claim 53,
Freeman discloses wherein the first audio input matches a voice command of the first maintained list of commands and also matches a command of the second maintained list of voice commands, and wherein the second audio input matches a command of the second maintained list of commands but does not match any commands of the first maintained list of commands (fig. 8B; fig. 8C).
Per claim 55, Garner in view of Freeman discloses the method of claim 53,
Freeman discloses: wherein responding to the first audio input comprises: identifying the command in the first maintained list of voice commands that matches the first audio input (para. [0010]; Eventually, the voice-to-command analyzer 300 can recognize a command from the voice input. The recognized command is one of the available commands presented to voice-to-command analyzer 300 …, para. [0041]); and
executing an action associated with the identified command (para. [0010]; para. [0041]).
Per claim 56, Garner in view of Freeman discloses the method of claim 52,
Garner discloses wherein the first audio trigger comprises speech audio and the second audio trigger comprises non-speech audio (para. [0017]; para. [0021]; para. [0028]).
Per claim 59, Garner in view of Freeman discloses the method of claim 52,
Garner discloses wherein, while operating the device in the default state, the device is constrained such that the device’s capability to process audio triggers is limited to detecting and responding only to the plurality of audio triggers and all other audio inputs not in the plurality of audio triggers are ignored (para. [0031]).
Per claim 60, Garner in view of Freeman discloses the method of claim 52,
Garner discloses returning the device to the default state based on detecting that a particular time has passed while the device is operating in one of the first listening state or the second listening state (For example, when not being used (or after having not been used for a period of time), VPS 102 may enter a power save or sleep mode.…, para. [0031]; para. [0035]).
Per claim 62, Garner in view of Freeman discloses the method of claim 52,
Freeman discloses wherein the second maintained list of commands comprises voice commands related to an environment at which the device is located (para. [0009]; para. [0060]; para. [0065]).
Per claim 63, Garner discloses a system comprising:
a control circuitry configured to: operate a device in a default state, wherein while operating the device in the default state, the device is configured to listen to a plurality of audio triggers (para. [0020]-[0021]; while in power save or sleep mode, VPS 102 may only be listening for one or more trigger words …, para. [0031]; para. [0047]);
an input circuitry configured to: detect a first audio trigger from the plurality of audio triggers (para. [0031]);
wherein the control circuitry is further configured to: based on detecting, using the input circuitry, the first audio trigger of the plurality of audio triggers, switch the device to operating in the first listening state, wherein the device while operating in the first listening state: receives a first voice command (fig. 3; upon the detection of a trigger word 114, VPS 102 may wake up, become fully active. In an embodiment, while in the active state, VPS 102 may begin ‘listening’ to data 106 for one or more voice commands 108 to perform functions corresponding to those voice commands …, para. [0031]; In an embodiment, VPS 102 may be configured to operate or interact with a number of different devices (e.g., 110). Each device 110 may have its own unique trigger words 114, voice commands 108, and/or authenticated users. For example, a first trigger word 114/voice command 108 may activate a first multimedia device 110 …, para. [0035]; voice authenticator 102A may perform processing to identify when user 302A is speaking (as discussed above using user signatures), and then voice interpreter 102B may determine if any commands were spoken. Or, for example, each user 302A may be authorized to speak different commands …, para. [0056]; If the user is authorized, VPS 102 may execute the command. If the user is not authorized, VPS 102 may ignore the command …, para. [0057], VPS 102 operating in active state as operating in a first listening state,, command received after triggering as first voice command),
wherein the input circuitry is further configured to: detect a second audio trigger from the plurality of audio triggers (para. [0031]; para. [0035]); and
wherein the control circuitry is further configured to: after returning the device to the default state, based on detecting using the input circuitry, the second audio trigger input of the plurality of audio triggers, switch the device to operating in the second listening state distinct from the first listening state, wherein the device while operating in the second listening state: receives a second voice command (For example, when not being used (or after having not been used for a period of time), VPS 102 may enter a power save or sleep mode.… upon the detection of a trigger word 114, VPS 102 may wake up, become fully active. In an embodiment, while in the active state, VPS 102 may begin ‘listening’ to data 106 for one or more voice commands 108 to perform functions corresponding to those voice commands …, para. [0031]; VPS 102 may be configured to operate or interact with a number of different devices (e.g., 110). Each device 110 may have its own unique trigger words 114, voice commands 108 … For example, a first trigger word 114/voice command 108 may activate a first multimedia device 110, while a second trigger word 114/voice command 108 may activate a different device (not shown) … A voice command 108 may also be a trigger word 114.…, para. [0035]; voice authenticator 102A may perform processing to identify when user 302A is speaking (as discussed above using user signatures), and then voice interpreter 102B may determine if any commands were spoken. Or, for example, each user 302A may be authorized to speak different commands …, para. [0056]; If the user is authorized, VPS 102 may execute the command. If the user is not authorized, VPS 102 may ignore the command …, para. [0057]; para. [0063], power save or sleep mode as default state, VPS 102 returns to power save or sleep mode after not being used for a period of time, VPS 102 awakens upon the detection of a second trigger word and begins listening for one or more voice commands, VPS 102 operating with a second device (that is triggered by first trigger word) of devices 110 as operating in a second listening state, each device as having its own unique voice commands),
Garner does not explicitly disclose maintain a first list of commands for a first listening state, wherein the first maintained list of commands comprises a first plurality of individually identifiable voice commands configured to perform actions other than device wakeup, maintain a second list of commands for a second listening state, wherein the second maintained list of commands comprises a second plurality of individually identifiable voice commands configured to perform actions other than device wakeup, and wherein the second plurality of individually identifiable voice commands is distinct from the first plurality of individually identifiable voice commands, wherein the device, while operating in the first listening state: accesses the first maintained list of commands for the first listening state, and based on determining the first received voice command matches a first command of the first maintained list of commands, performing a first action corresponding to the first command, wherein the first action does not comprise device wakeup or wherein the device, while operating in the second listening state: accesses the second maintained list of commands for the second listening state, and based on determining the second received voice command matches a second command of the second maintained list of commands, performing a second action corresponding to the first command, wherein the second action does not comprise device wakeup
However, these features are taught by Freeman:
maintain a first list of commands for a first listening state, wherein the first maintained list of commands comprises a first plurality of individually identifiable voice commands configured to perform actions other than device wakeup (fig. 8A-8D; operating the portable electric device to listen for a user voice command; monitoring an operational state of the portable electronic device; receiving an audio input; determining a set of commands that are authorized for usage with the portable electronic while in the operational state …, para. [0009]; the available commands being provided to voice-to-command analyzer 300 can be restricted to those that are appropriate given the current state of the electronic device…, para. [0041]; the operational state may correspond to a functional mode, usage or program being utilized by the portable electronic device. As another example, the operational state can pertain to a state of a graphical user interface being provided on a display associated with the portable electronic device, para. [0043]);
maintain a second list of commands for a second listening state, wherein the second maintained list of commands comprises a second plurality of individually identifiable voice commands configured to perform actions other than device wakeup, and wherein the second plurality of individually identifiable voice commands is distinct from the first plurality of individually identifiable voice commands (fig. 8A-8D; operating the portable electric device to listen for a user voice command; monitoring an operational state of the portable electronic device; receiving an audio input; determining a set of commands that are authorized for usage with the portable electronic while in the operational state …, para. [0009]; the available commands being provided to voice-to-command analyzer 300 can be restricted to those that are appropriate given the current state of the electronic device…, para. [0041]; the operational state may correspond to a functional mode, usage or program being utilized by the portable electronic device. As another example, the operational state can pertain to a state of a graphical user interface being provided on a display associated with the portable electronic device, para. [0043]);
wherein the device, while operating in the first listening state: accesses the first maintained list of commands for the first listening state, and based on determining the first received voice command matches a first command of the first maintained list of commands, performing a first action corresponding to the first command, wherein the first action does not comprise device wakeup (fig. 8A-8D; The processor can operate to perform the one or more predetermined commands when the voice analyzer determines that the voice input substantially matches characteristics of the one or more predetermined commands, para. [0010]; para. [0041]; the operational state may correspond to a functional mode, usage or program being utilized by the portable electronic device. As another example, the operational state can pertain to a state of a graphical user interface being provided on a display associated with the portable electronic device, para. [0043]);
wherein the device, while operating in the second listening state: accesses the second maintained list of commands for the second listening state, and based on determining the second received voice command matches a second command of the second maintained list of commands, performing a second action corresponding to the first command, wherein the second action does not comprise device wakeup (fig. 8A-8D; The processor can operate to perform the one or more predetermined commands when the voice analyzer determines that the voice input substantially matches characteristics of the one or more predetermined commands, para. [0010]; para. [0041]; para. [0043])
It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to combine the teachings of Freeman with the system of Garner in arriving at the missing features of Garner, because such combination would have resulted in performing functions without excessive computational capability and without excessive power consumption (Freeman, para. [0045]).
Per claim 64, Garner discloses the system of claim 63,
Freeman discloses: wherein the input circuitry is further configured to: detect a first audio input while operating the device in the first listening state wherein, based on the detecting, control circuitry is further configured to: based on determining the first audio input matches a command of the first maintained list of commands, respond to the first audio input (para. [0010]; para. [0041]);
based on determining the first audio input does not match any commands of the first maintained list of commands, ignore the first audio input (fig. 5; fig. 8A; para. [0041]; para. [0048]);
wherein the input circuitry is further configured to: detect a second audio input while operating the device in the second listening state (para. [0010]; para. [0041]); and
wherein, based on the detecting the second audio input, the control circuitry is further configured to: based on determining the second audio input matches a command of the second maintained list of commands, respond to the second audio input (para. [0010]; para. [0041]); and
based on determining the second audio input does not match any commands of the second maintained list of commands, ignore the second audio input (fig. 5; fig. 8B; para. [0041]; para. [0048]).
Per claim 65, Garner discloses the system of claim 64,
Freeman discloses wherein the first audio input matches a command of the first maintained list of commands and also matches a command of the second maintained list of commands, and wherein the second audio input matches a command of the second maintained list of commands but does not match any commands of the first maintained list of commands (fig. 8B; fig. 8C).
Per claim 66, Garner discloses the system of claim 64,
Freeman discloses wherein the control circuitry is configured to respond to the first audio input by: identifying the command in the first maintained list of commands that matches the first audio input (para. [0010]; Eventually, the voice-to-command analyzer 300 can recognize a command from the voice input. The recognized command is one of the available commands presented to voice-to-command analyzer 300 …, para. [0041]); and
executing an action associated with the identified command (para. [0010]; para. [0041]).
Per claim 67, Garner discloses the system of claim 63,
Garner discloses wherein the first audio trigger comprises speech audio and the second audio trigger comprises non-speech audio (para. [0017]; para. [0021]; para. [0028]).
Per claim 69, Garner discloses the system of claim 63,
Garner discloses wherein, while operating the device in the default state, the control circuitry is configured to constrain the device such that the device’s capability to process audio triggers is limited to detecting and responding only to the plurality of audio triggers and all other audio triggers not in the plurality of audio triggers are ignored (para. [0031]).
Per claim 70, Garner discloses the system of claim 63,
Garner discloses wherein the control circuitry is further configured to return the device to the default state based on detecting that a particular time has passed while the device is operating in one of the first listening state or the second listening state (For example, when not being used (or after having not been used for a period of time), VPS 102 may enter a power save or sleep mode.…, para. [0031]; para. [0035]).
Per claim 72, Garner discloses the system of claim 63,
Freeman discloses wherein the second maintained list of commands comprises voice commands related to an environment at which the device is located (para. [0009]; para. [0060]; para. [0065]).
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.
2. Claim 57 is rejected under 35 U.S.C. 103 as being unpatentable over Garner in view of Woo et al US 2019/0066680 A1 (“Woo”)
Per claim 57, Garner discloses the method of claim 52,
Garner does not explicitly discloses providing via a user interface an option to register an additional audio input as an additional audio trigger of the plurality of audio triggers
However, this feature is taught by Woo (fig. 6; fig. 12A; para. [0125])
It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to combine the teachings of Woo with the method of Garner in arriving at the missing features of Garner, because such combination would have resulted in making it possible to activate a voice recognition service when a user registered wake word is detected (Woo, para. [0115]).
Allowable Subject Matter
Claims 68 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892 form.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/OLUJIMI A ADESANYA/Primary Examiner, Art Unit 2658
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