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 .
This Office Action is in response to correspondence filed 11 July 2024 in reference to application 18/769,456. Claims 1-6 are pending and have been examined.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1 and 6 recite recognizing an utterance made by a user and determine whether the recognized utterance is a voice command; accepting, when the voice command determination unit determines that the voice command has been uttered, the accepted voice command, wherein, when the recognition result of the accepted utterance indicates that an utterance coincident with a preset voice command at a level equal to or larger than a first threshold has been detected, determining that the recognized utterance is the voice command, and, when the recognition result of the accepted utterance indicates that an utterance that is equal to or larger than a second threshold, which indicates a lower degree of coincidence than the first threshold, but less than the first threshold has been detected more than once within a predetermined time period, determining that the recognized utterance is the voice command.
The limitation of recognizing an utterance made by a user and determine whether the recognized utterance is a voice command, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “a voice command determining unit” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “a voice command determining unit” language, “recognizing” and “determining” in the context of this claim encompasses a person listening to an utterance and deciding if it represents a command.
The limitation of accepting, when it is determined that the voice command has been uttered, the accepted voice command, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. For example, but for the “a voice command accepting unit” language, “accepting” in the context of this claim encompasses a person deciding to perform the commanded action.
The limitation of wherein, when the recognition result of the accepted utterance indicates that an utterance coincident with a preset voice command at a level equal to or larger than a first threshold has been detected, determining that the recognized utterance is the voice command, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. For example, but for the “a voice command determining unit” language, “determining” in the context of this claim encompasses a person deciding how sure they are that a command was uttered and comparing that to a threshold amount i.e. 95% sure.
The limitation of when the recognition result of the accepted utterance indicates that an utterance that is equal to or larger than a second threshold, which indicates a lower degree of coincidence than the first threshold, but less than the first threshold has been detected more than once within a predetermined time period, determining that the recognized utterance is the voice command, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. For example, but for the “a voice command determining unit” language, “determining” in the context of this claim encompasses a person deciding how sure they are that a command was uttered and determining that their confidence is between two thresholds (i.e. 95% and 50%) and if so, listing for a repeated utterance and if one is heard in a threshold amount of time, deciding that a command was issued.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claimss only additionally recite “a voice command determination unit,” and “a voice command accepting unit”. These units are indicated by the specification to be implemented using generic computer components such as processors (see specification page 11) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of computer components amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible.
Claim 2 additionally recites determining whether the recognized utterance is the voice command for recording the captured image data, and storing, based on the voice command accepted, the captured image data acquired by the captured image data acquiring unit. However similar to above, these steps can be performed by a person deciding that the command was to take a picture, and taking a picture with a camera. Similar to above, the additional limitations of “an action control unit” and “a captured image data acquiring unit” amount to generic computer components described by the specification such as processors and cameras. Thus no additional limitations are recited that provide a practical application for or amount to significantly more than the abstract idea itself.
Claim 3 additionally recites determining whether the recognized utterance is the voice command for recording the captured image data and capturing image data based on the two-threshold technique claimed in claim 1. However similar to above these can be performed by a person deciding that the command was to take a picture using the two-threshold method in a manner described above, and taking a picture with a camera. Similar to above, the additional limitations of “an action control unit” and “a captured image data acquiring unit” amount to generic computer components described by the specification such as processors and cameras. Thus no additional limitations are recited that provide a practical application for or amount to significantly more than the abstract idea itself.
Claim 4 additionally recites determining whether the recognized utterance is the voice command for recording the captured image data and capturing a still image based on the two-threshold technique claimed in claim 1. However similar to above these can be performed by a person deciding that the command was to take a picture using the two-threshold method in a manner described above, and taking a picture with a camera. Similar to above, the additional limitations of “an action control unit” and “a captured image data acquiring unit” amount to generic computer components described by the specification such as processors and cameras. Thus no additional limitations are recited that provide a practical application for or amount to significantly more than the abstract idea itself.
Claim 5 additionally recites determining whether the recognized utterance is the voice command for recording the starting a process of image capturing and starting a process of capturing an image based on the two-threshold technique claimed in claim 1. However similar to above these can be performed by a person deciding that the command was to take a picture using the two-threshold method in a manner described above, and taking a picture with a camera. Similar to above, the additional limitations of “an action control unit” and “a captured image data acquiring unit” amount to generic computer components described by the specification such as processors and cameras. Thus no additional limitations are recited that provide a practical application for or amount to significantly more than the abstract idea itself.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iso-Sipilaet et al. (US Patent 6,697,782).
Consider claim 1, Iso-Sipilaet teaches A voice operation control device (abstract) comprising:
a voice command determination unit configured to recognize an utterance made by a user and determine whether the recognized utterance is a voice command (col 6 line 65- col 8 line 14, command determination, implemented by system of figure 5); and
a voice command accepting unit configured to accept, when the voice command determination unit determines that the voice command has been uttered, the accepted voice command (col 6 lines 40-45 accepting command, implemented by system of figure 5), wherein
the voice command determination unit is configured to, when the recognition result of the accepted utterance indicates that an utterance coincident with a preset voice command at a level equal to or larger than a first threshold has been detected, determine that the recognized utterance is the voice command (col 7 lines 35-45, if confidence threshold above threshold Y, command is accepted as detected), and
the voice command determination unit is configured to, when the recognition result of the accepted utterance indicates that an utterance that is equal to or larger than a second threshold, which indicates a lower degree of coincidence than the first threshold, but less than the first threshold has been detected more than once within a predetermined time period, determine that the recognized utterance is the voice command (Col 7 lines 45- col 8 lines 15, if confidence is between threshold Y and lower threshold A, system may perform actions including detecting a repeated utterance within an extended listening period, and then accept the command as recognized).
Consider claim 6, Iso-Sipilaet teaches A voice operation method (abstract) performed by a voice operation control device, the voice operation method comprising:
determining, when an utterance made by a user is recognized and when the recognition result of the accepted utterance indicates that an utterance coincident with a preset voice command at a level equal to or larger than a first threshold has been detected, that the recognized utterance is a voice command (col 7 lines 35-45, if confidence threshold above threshold Y, command is accepted as detected), and determining, when the recognition result of the accepted utterance indicates that an utterance that is equal to or larger than a second threshold, which indicates a lower degree of coincidence than the first threshold, but less than the first threshold has been detected more than once within a predetermined time period, that the recognized utterance is the voice command (Col 7 lines 45- col 8 lines 15, if confidence is between threshold Y and lower threshold A, system may perform actions including detecting a repeated utterance within an extended listening period, and then accept the command as recognized); and
accepting, when it is determined that the voice command has been uttered, the accepted voice command (col 6 lines 40-45 accepting command).
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.
Claim(s) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iso-Sipilaet in view of Butts et al. (US PAP 2017/0374273).
Consider claim 2, Iso-Sipilaet teaches The voice operation control device according to claim 1, further comprising:
an action control unit configured to perform an action based on the voice command accepted by the voice command accepting unit (col 9 lines 45-55, converting command into a control signal performing an action.), wherein
the voice command determination unit is configured to determine whether the recognized utterance is the voice command for recording the captured image data, and
the action control unit is configured to store, based on the voice command accepted by the voice command accepting unit, the captured image data acquired by the captured image data acquiring unit.
Iso-Sipilaet does not specifically teach
a captured image data acquiring unit configured to acquire captured image data captured by a camera that captures a video image; wherein
the voice command determination unit is configured to determine whether the recognized utterance is the voice command for recording the captured image data, and
the action control unit is configured to store, based on the voice command accepted by the voice command accepting unit, the captured image data acquired by the captured image data acquiring unit.
In the same field of voice commands, Butts teaches
a captured image data acquiring unit configured to acquire captured image data captured by a camera that captures a video image (0022, camera including camera imaging system); wherein
the voice command determination unit is configured to determine whether the recognized utterance is the voice command for recording the captured image data (0021-22 if camera control commands are detected, controlling camera accordingly), and
the action control unit is configured to store, based on the voice command accepted by the voice command accepting unit, the captured image data acquired by the captured image data acquiring unit (i.e. 0021, “take a picture of that car” results in the camera taking a picture).
It would have been obvious to one of ordinary skill in the art at the time of effective filing to use voice commands to control a camera as taught by Butts as a application for the recognition method of Iso-Sipilaet in order to allow for more convenient operation of the camera, especially where touch screens cannot be viewed well (Butts 0005-06).
Consider claim 3, Iso-Sipilaet and Butts teach the voice operation control device according to claim 2, wherein
the voice command determination unit is configured to determine whether the recognized utterance is the voice command for performing event recording of the captured image data (Butts, 0021-22 if camera control commands are detected, controlling camera accordingly, including taking videos),
the action control unit is configured to store as event data, when the voice command determination unit detects the voice command by detecting the utterance coincident with the preset voice command at the level equal to or larger than the first threshold, the captured image data obtained in the predetermined time period before and after a time point at which the voice command is detected (Iso-Sipilaet col 7 lines 35-45, if confidence threshold above threshold Y, command is accepted as detected. Butts, 0021-22 if camera control commands are detected, controlling camera accordingly, including taking videos), and
the action control unit is configured to store as event data, when the voice command determination unit detects the voice command by detecting the utterance equal to or larger than the second threshold but less than the first threshold more than once within the predetermined time period, the captured image data obtained in the predetermined time period based on the time point at which an initial utterance is detected among the utterances that are detected more than once (Iso-Sipilaet Col 7 lines 45- col 8 lines 15, if confidence is between threshold Y and lower threshold A, system may perform actions including detecting a repeated utterance within an extended listening period, and then accept the command as recognized. Butts, 0021-22 if camera control commands are detected, controlling camera accordingly, including taking videos).
Consider claim 4, Iso-Sipilaet and Butts teach the voice operation control device according to claim 2, wherein
the voice command determination unit is configured to determine whether the recognized utterance is the voice command for recording a still image of the captured image data (Butts, 0021-22 if camera control commands are detected, controlling camera accordingly, including taking photos),
the action control unit is configured to store, when the voice command determination unit detects the voice command by detecting the utterance coincident with the preset voice command at the level equal to or larger than the first threshold, the still image at the time point at which the voice command is detected (Iso-Sipilaet col 7 lines 35-45, if confidence threshold above threshold Y, command is accepted as detected. Butts, 0021-22 if camera control commands are detected, controlling camera accordingly, including taking photos), and
the action control unit is configured to store, when the voice command determination unit detects the voice command by detecting the utterance equal to or larger than the second threshold but less than the first threshold more than once within the predetermined time period, the still image obtained at the time point at which an initial utterance is detected among the utterances that are detected more than once (Iso-Sipilaet Col 7 lines 45- col 8 lines 15, if confidence is between threshold Y and lower threshold A, system may perform actions including detecting a repeated utterance within an extended listening period, and then accept the command as recognized. Butts, 0021-22 if camera control commands are detected, controlling camera accordingly, including taking photos).
Consider claim 5, Iso-Sipilaet and Butts teach the voice operation control device according to claim 2, wherein
the voice command determination unit is configured to determine whether the recognized utterance is the voice command for performing a start process of image capturing (Butts, 0021-22 if camera control commands are detected, controlling camera accordingly, including taking videos),
the action control unit is configured to start, when the voice command determination unit detects the voice command by detecting the utterance coincident with the preset voice command at the level equal to or larger than the first threshold, to record the captured image data based on the time point at which the voice command is detected (Iso-Sipilaet col 7 lines 35-45, if confidence threshold above threshold Y, command is accepted as detected. Butts, 0021-22 if camera control commands are detected, controlling camera accordingly, including taking videos), and
the action control unit is configured to start, when the voice command determination unit detects the voice command by detecting the utterance equal to or larger than the second threshold but less than the first threshold more than once within the predetermined time period, to record the captured image data based on the time point at which an initial utterance is detected among the utterances that are detected more than once (Iso-Sipilaet Col 7 lines 45- col 8 lines 15, if confidence is between threshold Y and lower threshold A, system may perform actions including detecting a repeated utterance within an extended listening period, and then accept the command as recognized. Butts, 0021-22 if camera control commands are detected, controlling camera accordingly, including taking videos).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sharma (US PAP 2003/00236664) Sauber (US PAP 2002/0188454) and Gowda et al. (US PAP 2023/0035752) teach two threshold methods for recognizing commands.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS C GODBOLD whose telephone number is (571)270-1451. The examiner can normally be reached 6:30am-5pm Monday-Thursday.
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DOUGLAS GODBOLD
Examiner
Art Unit 2655
/DOUGLAS GODBOLD/ Primary Examiner, Art Unit 2655