DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 13/733,634, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
More specifically, claims 1-30 both lack of specification support and lack of enablement as further explained in the rejection under pre-AIA 35 U.S.C. 112, first paragraph.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 08 August 2024, 24 September 2024, 26 December 2024, 12 February 2025, 15 June 2025, 05 August 2025, 12 December 2025, and 23 February 2026 is/are being considered by the examiner.
Specification
The changes introduced to the specification of the Continuation Application on 08 August 2024 are objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
In the specification for the continuation filed on 08 August 2024, applicant amended paragraph 391 to modify the recitation “Conventional LEDs are made from a variety of inorganic semiconductor materials, such as Aluminium gallium arsenide (AlGaAs), Gallium arsenide phosphide (GaAsP), Aluminium gallium indium phosphide (AlGaInP), Gallium (III) phosphide (GaP), Zinc selenide (ZnSe), Indium gallium nitride (InGaN), and Silicon carbide (SiC) as substrate.” After the modification.” The modification results in the above sentence being separated as “Conventional LEDs are made from a variety of inorganic semiconductor materials, such as Aluminium gallium arsenide (AlGaAs), Gallium arsenide phosphide (GaAsP)” at the end of paragraph 391, and paragraph 392 including only the following sentence fragment: “Aluminium gallium indium phosphide (AlGaInP), Gallium (III) phosphide (GaP), Zinc selenide (ZnSe), Indium gallium nitride (InGaN), and Silicon carbide (SiC) as substrate.” The original filing on 03 January 2013 described these elements as a unitary concept, which are asserted to define “conventional LEDs,” and all constituents are understood as examples thereof. The separation into two paragraphs creates a new teaching of independence between the disclosed elements, not part of the original disclosure.
Therefore, the amendments in the specification for the continuation are not supported by the specification of the parent application and constitutes new matter.
Applicant is required to cancel the new matter in the reply to this Office Action.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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.
Claims 1-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-29 of U.S. Patent No. 12,316,706 in view of Ansari (U.S. Pat. App. Pub. No. 2010/0217837, hereinafter Ansari) and Alfred (U.S. Pat. App. Pub. No. 2011/0313776, hereinafter Alfred). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the issued patent are narrower in scope than that of the instant application. Therefore, the claims of the issued patent anticipate the claims of the instant application. Please see the below mapping with respect to the independent claims.
The claims of the patent match that of the instant application but does not expressly recite the indicated limitations. The appropriate paragraphs of Ansari and Alfred are indicated for any limitations not expressly recited in the target reference. Applicant is directed to the specific mapping of the limitations, as shown in the subject matter rejection of the claims under 35 U.S.C. 103, for further details of how the target limitation is taught in each of the cited references. It would have been obvious to one or ordinary skilled in the art to have modified the issued patent with the gateway appliance embodiments of Ansari to improve remote connectivity and device management of the system described in the issued patent (see Ansari at [0003]-[0004]) and the server interaction for speech recognition and control of Alfred to improve hands free operation of the system by offloading certain processing requirements to a remote server, which can reduce latency for response under high processing conditions. (See Alfred at [0005]-[0007])
App. No.: 18/797,581
Issued Patent: 12,316,706
Claim 1:
A device for use with a wireless network over an unlicensed radio frequency band, and for use with a controlled device
Claim 1
A client device for use with a Wireless Local Area Network (WLAN) in a building and with a controlled device that comprises a second actuator in the building, the client device comprising:
a WLAN transceiver for communicating over the WLAN;
, the device comprising: multiple microphones for capturing human voice data
a microphone for capturing first and second human voice data; and
; an antenna for coupling to the wireless network
Ansari at [0057]; FIG. 2B and inherent to the client device
; a transceiver coupled to the antenna for transmitting to, and for receiving from, the wireless network
Ansari at [0062] and inherent to the client device
; a first actuator for affecting, changing, producing, or creating a first physical phenomenon
a first actuator in the client device and “affecting, changing, producing, or creating a first physical phenomenon” is required in the definition for an actuator in the '706 patent
; a processor coupled to control the transceiver, to receive the captured first and second human voice data from the multiple microphones, and to control or activate the first actuator
Ansari at [0062], [0189] and inherent to the client device
; and a non-transitory computer readable medium that comprises instructions executable by the processor,
Ansari at [0062], [0064] and inherent to the client device
wherein the device is configured to: capture, by the multiple microphones, the first and second human voice data
“a microphone for capturing first and second human voice data” which in operation, includes capturing said first and second human voice data
; send, to a server over the Internet via the wireless network, the captured first human voice data
wherein the client device is configured to: sending, over the Internet via the WLAN, the captured first and second human voice data to an Internet-connected server device external to the building;
; receive, from the server over the Internet via the wireless network, in response to the sending to the server of the captured first human voice data, a first command of the first actuator
receiving, from the server device over the Internet via the WLAN, first and second messages, in response to the sending of the captured first and second human voice data;
; operate the first actuator, according to the received first command
operating the first actuator in response to the received first message; and
; send, to the server over the Internet via the wireless network, the captured second human voice data
wherein the client device is configured to: sending, over the Internet via the WLAN, the captured first and second human voice data to an Internet-connected server device external to the building;
; receive, from the server over the Internet via the wireless network, in response to the sending to the server of the captured second human voice data, a second command
receiving, from the server device over the Internet via the WLAN, first and second messages, in response to the sending of the captured first and second human voice data;
of a second actuator
Ansari at [0058]
that is configured for affecting, changing, producing, or creating, a second physical phenomenon
Ansari at [0058] and “affecting, changing, producing, or creating a first physical phenomenon” is required in the definition for an actuator in the '706 patent
; and send, to a controlled device that comprises the second actuator, over the wireless network
sending, to the controlled device over the WLAN, a control message in response to the received second message, and
, the received second actuator command, for operating the second actuator therein,
Ansari at [0187]
wherein the first or second actuator comprises a sounder that comprises an electromagnetic loudspeaker, a piezoelectric speaker, an electrostatic loudspeaker (ESL), a ribbon or planar magnetic loudspeaker, or a bending wave loudspeaker
Ansari at [0058], [0062]; Alfred at [0026]
, and wherein the operating of the respective first or second actuator comprises converting an electrical energy to sound waves.
Alfred at [0026]
wherein the client device is addressable in the WLAN and in the Internet using an Internet Protocol (IP) address.
Claim 2
A system comprising the device according to claim 1 in a building
Claim 1
A client device for use with a Wireless Local Area Network (WLAN) in a building and with a controlled device that comprises a second actuator in the building
and the server is external to the building
an Internet-connected server device external to the building;
, further configured to: receive, by the server from the device over the Internet, the captured first human voice data
Alfred at [0029]
, in response to the sending, by the device, of the captured first human voice data
Alfred at [0029]-[0030]
; process, by the server, the received captured first human voice data
Alfred at [0029]
; produce the first command, in response to the processing of the received captured first human voice data
Alfred at [0052]
; send, by the server to the device over the Internet, the produced first command
Alfred at [0052]
; receive, by the server from the device over the Internet, the captured second human voice data
Alfred at [0029]
, in response to the sending, by the device, of the captured second human voice data
Alfred at [0029]-[0030]
; process, by the server, the received captured second human voice data
Alfred at [0029]
; produce the second command, in response to the processing of the received captured second human voice data
Alfred at [0029], [0052]
; and send, by the server to the device over the Internet, the produced second command
Alfred at [0052]
Claim 3
The system according to claim 2
Claim 2
The client device according to claim 1,
wherein the processing comprises performing a voice recognition algorithm for identifying the voice of a specific person
wherein the server device is configured for processing the first and second human voice data using a voice recognition algorithm for identifying a voice of a specific person.
Claim 4
The device according to claim 1
Claim 3
The client device according to claim 1
, further comprising a sensor that outputs sensor data in response to a physical phenomenon,
, further comprising a sensor that outputs sensor data that responds to a physical phenomenon
wherein the device is further configured to send, to the server via the wireless network over the Internet, the sensor data
, wherein the client device is further configured for sending to the server device, via the WLAN over the Internet, the sensor data
, and wherein the first command is further responsive to the sent sensor data.
, and wherein the first message is received in response to the sent sensor data.
Claim 5
The device according to claim 4,
Claim 4
The client device according to claim 3
wherein the sensor is a thermoelectric sensor that responds to a temperature or to a temperature gradient of an object using a conduction, convection, or radiation, or
, wherein the sensor is a thermoelectric sensor that responds to a temperature or to a temperature gradient of an object using conduction, convection, or radiation
wherein the sensor is a photoelectric sensor that responds to a visible or an invisible light or gamma rays.
, or wherein the sensor is a photoelectric sensor that responds to a visible or an invisible light or gamma rays.
Claim 6
The device according to claim 4, further comprising, or consisting of, a client device.
Claim 1
The device is a client device
Claim 7
The device according to claim 1,
Claim 6
The client device according to claim 5
wherein the first or second physical phenomenon comprises a temperature, humidity, pressure, audio, or vibration.
, wherein the physical phenomenon comprises temperature, humidity, pressure, audio, vibration, light, motion, sound, proximity, flow rate, electrical voltage, or electrical current.
Claim 8
The device according to claim 1,
Claim 6
The client device according to claim 5
wherein the first or second physical phenomenon comprises a sound, flow rate, electrical voltage, or electrical current.
, wherein the physical phenomenon comprises temperature, humidity, pressure, audio, vibration, light, motion, sound, proximity, flow rate, electrical voltage, or electrical current.
Claim 9
The device according to claim 1,
Claim 8
The client device according to claim 7
wherein the multiple microphones are arranged as a directional microphones array operative to estimate a number, magnitude, frequency, Direction-Of-Arrival (DOA), distance, or speed of a sound impinging the microphones array.
, wherein the multiple microphones are arranged as a directional microphones array operative to estimate a number, magnitude, frequency, Direction-Of-Arrival (DOA), distance, or speed of a phenomenon impinging the microphones array.
Claim 10
The device according to claim 1,
Claim 9
The client device according to claim 1
wherein at least one of the multiple microphones comprises an omnidirectional, unidirectional, or bidirectional microphone that is based on the sensing an incident sound-based motion of a diaphragm or a ribbon, or
, wherein the microphone is an omnidirectional, unidirectional, or bidirectional microphone that is based on the sensing an incident sound-based motion of a diaphragm or a ribbon
wherein at least one of the multiple microphones comprises a condenser, an electret, a dynamic, a ribbon, a carbon, or a piezoelectric microphone.
, or wherein the microphone comprises a condenser, an electret, a dynamic, a ribbon, a carbon, or a piezoelectric microphone.
Claim 11
The device according to claim 1
Claim 10
The client device according to claim 1
, further comprising a volatile or non-volatile memory coupled to the processor that stores an address for uniquely identifying the respective device in the wireless network or in the Internet.
, further comprising a volatile or non-volatile memory for storing the IP address.
Claim 12
The device according to claim 11,
Claim 11
The client device according to claim 1
wherein the address is a Media Access Control (MAC) layer address that is MAC-48, Extended Unique Identifier (EUI) EUI-48, or EUI-64 type,
, wherein the client device is further addressed by a Media Access Control (MAC) layer address that is MAC-48, Extended Unique Identifier (EUI) EUI-48, or EUI-64 address type.
or wherein the address is a layer 3 address that is a static or dynamic Internet Protocol (IP) address that is IPv4 or IPv6 type address.
Claim 12
wherein the IP address is a static or dynamic Internet Protocol (IP) address that is IPv4 or IPv6 type address.
Claim 13
The device according to claim 1,
Claim 1
The client device described in claim 1.
wherein the wireless network is a Wireless Personal Area Network (WPAN), that is according to, or based on, a Bluetooth™ or Institute of Electrical and Electronics Engineers (IEEE) 802.115.1-2005 standards, or wherein the WPAN is a wireless control network that is according to, or based on, Zigbee™, IEEE 802.115.4-2003, or Z-Wave™ standards.
Ansari at [0058]
Claim 14
The device according to claim 1,
Claim 13
The client device according to claim 1
wherein the wireless network is a Wireless Local Area Network (WLAN) that is according to, or base on, IEEE 802.111-2012, IEEE 802.111a, IEEE 802.111b, Institute of Electrical and Electronics Engineers (IEEE) IEEE 802.111g, IEEE 802.111n, or IEEE 802.111ac.
, wherein the WLAN is according to, or base on, Institute of Electrical and Electronics Engineers (IEEE) 802.111-2012, IEEE 802.111a, IEEE 802.111b, IEEE 802.111g, IEEE 802.111n, or IEEE 802.111ac.
Claim 15
The device according to claim 1,
Claim 14
The client device according to claim 1
wherein the unlicensed radio frequency band is an Industrial, Scientific and Medical (ISM) radio band.
, wherein the WLAN uses an unlicensed radio frequency band that is an Industrial, Scientific and Medical (ISM) radio band.
Claim 16
The device according to claim 1,
Claim 15
The client device according to claim 1
wherein the wireless network is a cellular telephone network that is a Third Generation (3G) network that uses an Universal Mobile Telecommunications System (UMTS), Wideband Code Division Multiple Access (W-CDMA) UMTS, High Speed Packet Access (HSPA), UMTS Time-Division Duplexing (TDD), CDMA2000 1xRTT, Evolution – Data Optimized (EV-DO), Global System for Mobile communications (GSM), Enhanced Data rates for GSM Evolution (EDGE) EDGE-Evolution, or wherein the cellular telephone network is a Fourth Generation (4G) network that uses an Evolved High-Speed Packet Access (HSPA+), Mobile Worldwide Interoperability for Microwave Access (WiMAX), Long-Term Evolution (LTE), LTE-Advanced, Mobile Broadband Wireless Access (MBWA), or is based on IEEE 802.20-2008.
, further configured for communicating over a cellular telephone network that is a Third Generation (3G) network that uses Universal Mobile Telecommunications Client device (UMTS), Wideband Code Division Multiple Access (W-CDMA) UMTS, High Speed Packet Access (HSPA), UMTS Time-Division Duplexing (TDD), CDMA2000 1×RTT, Evolution-Data Optimized (EV-DO), or a Global Client device for Mobile communications (GSM), Enhanced Data rates for GSM Evolution (EDGE) EDGE-Evolution, or wherein the cellular telephone network is a Fourth Generation (4G) network that uses Evolved High Speed Packet Access (HSPA+), Mobile Worldwide Interoperability for Microwave Access (WiMAX), Long-Term Evolution (LTE), LTE-Advanced, Mobile Broadband Wireless Access (MBWA), or is based on IEEE 802.20-2008.
Claim 17
The device according to claim 1,
Claim 16
The client device according to claim 1
wherein the device or the controlled device is integrated with, is part of, or is entirely included in, an appliance.
, wherein the controlled device is integrated in, is part of, or is entirely included in, a household appliance having a primary function.
Claim 18
The device according to claim 17,
Claim 17
The client device according to claim 16
wherein a primary functionality of the appliance is associated with a food storage, handling, or preparation.
, wherein the primary functionality of the appliance is associated with a food storage, handling, or preparation.
Claim 19
The device according to claim 18,
Claim 18
The client device according to claim 17
wherein the primary function of the appliance is heating food, and wherein the appliance is a microwave oven, an electric mixer, a stove, an oven, or an induction cooker.
, wherein the primary function of the appliance is heating food, and wherein the appliance is a microwave oven, an electric mixer, a stove, an oven, or an induction cooker.
Claim 20
The device according to claim 18,
Claim 19
The client device according to claim 17
wherein the appliance is a refrigerator, a freezer, a food processor, a dishwasher, a food blender, a beverage maker, a coffeemaker, or an iced-tea maker.
, wherein the appliance is a refrigerator, a freezer, a food processor, a dishwasher, a food blender, a beverage maker, a coffeemaker, or an iced-tea maker.
Claim 21
The device according to claim 17,
Claim 20
The client device according to claim 16
wherein the primary function of the appliance is associated with an environmental control, and the appliance is part of a Heating, Ventilation and Air Conditioning (HVAC) system.
, wherein the primary function of the appliance is associated with an environmental control, and the appliance is part of a Heating, Ventilation and Air Conditioning (HVAC) system.
Claim 22
The device according to claim 21,
Claim 21
The client device according to claim 20
wherein the primary function of the appliance is associated with a temperature control
, wherein the primary function of the appliance is associated with a temperature control
, and wherein the appliance is an air conditioner or a heater.
, and wherein the appliance is an air conditioner or a heater.
Claim 23
The device according to claim 17,
Claim 22
The client device according to claim 16
wherein the primary function of the appliance is associated with cleaning, wherein the appliance primary function is associated with clothes cleaning and the appliance is a washing machine, or wherein the appliance is a vacuum cleaner.
, wherein the primary function of the appliance is associated with cleaning, wherein the appliance primary function is associated with a clothes cleaning and the appliance is a washing machine, or wherein the appliance is a vacuum cleaner.
Claim 24
The device according to claim 17,
Claim 23
The client device according to claim 16
wherein the appliance is an answering machine, a telephone set, a home cinema system, a High Fidelity (HiFi) system, a Compact Disc (CD) or Digital Video Disc (DVD) player, an electric furnace, a trash compactor, a smoke detector, a light fixture, or a dehumidifier.
, wherein the appliance is an answering machine, a telephone set, a home cinema system, a High Fidelity (HiFi) system, a Compact Disc (CD) or Digital Video Disc (DVD) player, an electric furnace, a trash compactor, a smoke detector, a light fixture, or a dehumidifier.
Claim 25
A system comprising the device according to claim 1 and the controlled device,
Claim 24
The client device according to claim 1
wherein the second actuator comprises an electric light source for converting an electrical energy into a light that emits a visible or non-visible light for illumination or indication, and the non-visible light is infrared, ultraviolet, X-rays, or gamma rays.
, wherein the first actuator is an electric light source for converting an electrical energy into light that emits a visible or non-visible light for illumination or indication, and the non-visible light is infrared, ultraviolet, X-rays, or gamma rays, where the performance at the first actuator instead of the second actuator is an obvious design choice
In the alternative, client device according to claim 1 in combination with Ansari at [0207]
Claim 26
The system according to claim 25,
Claim 25
The client device according to claim 24
wherein the electric light source comprises a lamp, an incandescent lamp, a gas discharge lamp, a fluorescent lamp, a Solid-State Lighting (SSL), a Light Emitting Diode (LED), an Organic LED (OLED), a polymer LED (PLED), or a laser diode.
, wherein the electric light source comprises a lamp, an incandescent lamp, a gas discharge lamp, a fluorescent lamp, a Solid-State Lighting (SSL), a Light Emitting Diode (LED), an Organic LED (OLED), a polymer LED (PLED), or a laser diode.
Claim 27
A system comprising the device according to claim 1 and the controlled device,
Claim 26
The client device according to claim 1
wherein the second actuator is a motion actuator that causes a linear or rotary motion.
, wherein the first actuator is a motion actuator that causes a linear or rotary motion, where the performance at the second actuator instead of the first actuator is an obvious design choice
In the alternative, client device according to claim 1 in combination with Ansari at [0207]
Claim 28
The device according to claim 1,
Claim 27
The client device according to claim 1
wherein the sounder is configured for an omnidirectional, unidirectional, or bidirectional emitting of audible or inaudible sound waves.
, wherein the first actuator is a sounder for converting an electrical energy to an omnidirectional, unidirectional, or bidirectional pattern emitted, audible or inaudible, sound waves.
Claim 29
The device according to claim 1,
Claim 28
The client device according to claim 27
wherein the sounder further comprises an electric bell, a buzzer, a chime, a whistle, or a ringer.
, wherein the sounder comprises an electromagnetic loudspeaker, a piezoelectric speaker, an electrostatic loudspeaker (ESL), a ribbon or planar magnetic loudspeaker, or a bending wave loudspeaker, or wherein the sounder comprises an electric bell, a buzzer, a chime, a whistle, or a ringer.
Claim 30
The device according to claim 1,
Claim 29
The client device according to claim 27
wherein the operating of the first actuator comprises a playing digital audio content that is pre-recorded or synthesized, or wherein the operating of the first actuator comprises simulating the voice of a human being or generating a music, or wherein the operating of the first actuator further comprises sounding a syllable, a word, a phrase, a sentence, a short story, or a long story, using male or female voice.
, wherein the operating of the first actuator comprises playing a digital audio content that is pre-recorded or synthesized, or wherein the operating of the first actuator comprises simulating the voice of a human being or generating music, or wherein the operating of the first actuator comprises sounding a syllable, a word, a phrase, a sentence, a short story, or a long story, using male or female voice.
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.
Claims 1-30 are rejected 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 claim(s) 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 inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the claim recites a device configured to perform a two-step sequential routing architecture, comprising:
“send, to a server…, the captured first human voice data; receive, from the server… a first command of the first actuator; operate the first actuator, according to the received first command;
send, to the server…, the captured second human voice data; receive, from the server…, a second command of a second actuator…; and send, to a controlled device… the received second actuator command, for operating the second actuator therein…
wherein the operating of the respective first or second actuator comprises converting an electrical energy to sound waves.”
The specification fails to provide adequate written description for this specific combination and sequential arrangement of elements. The Federal Circuit has consistently held that merely disclosing a list of disparate elements does not provide written description support, for a newly claimed, specific combination of those elements, unless the specification directs the reader to that specific combination. See, e.g., Fujikawa v. Wattanasin, 93 F.3d 1559, 1571, 39 USPQ2d 1895, 1905 (Fed. Cir. 1996) (a “laundry list” disclosure of every possible moiety does not necessarily constitute a written description of every species in a genus because it would not “reasonably lead” those skilled in the art to any particular species); In re Ruschig, 379 F.2d 990, 995, 154 USPQ 118, 123 (CCPA 1967) (“If n-propylamine had been used in making the compound instead of n-butylamine, the compound of claim 13 would have resulted. Appellants submit to us, as they did to the board, an imaginary specific example patterned on specific example 6 by which the above butyl compound is made so that we can see what a simple change would have resulted in a specific supporting disclosure being present in the present specification. The trouble is that there is no such disclosure, easy though it is to imagine it.” (emphasis in original)); Purdue Pharma L.P. v. Faulding Inc., 230 F.3d 1320, 1328, 56 USPQ2d 1481, 1487 (Fed. Cir. 2000) (“[T]he specification does not clearly disclose to the skilled artisan that the inventors ... considered the ratio... to be part of their invention .... There is therefore no force to Purdue’s argument that the written description requirement was satisfied because the disclosure revealed a broad invention from which the [later-filed] claims carved out a patentable portion”).
Under 35 U.S.C. 120, the claims in a U.S. application are entitled to the benefit of the filing date of an earlier filed U.S. application if the subject matter of the claim is disclosed in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph in the earlier filed application. See, e.g., Tronzo v. Biomet, Inc., 156 F.3d 1154, 47 USPQ2d 1829 (Fed. Cir. 1998); In re Scheiber, 587 F.2d 59, 199 USPQ 782 (CCPA 1978). See also Regents of the Univ. of Minnesota v. Gilead Scis., Inc., 61 F.4th 1350, 2023 USPQ2d 269 (Fed. Cir. 2023). The court noted that the Board evaluated whether the earlier- filed applications provided an “ipsis verbis” disclosure of the claimed subgenus. In reviewing this evaluation, the court agreed with the Board that the earlier-filed applications recited a compendium of common organic chemical functional groups, yielding a laundry list disclosure of different moieties for every possible side chain or functional group. Id. at 1357. Thus, it was unclear how many compounds actually fell within the described genera and subgenera. Id. The court also noted that the Board then evaluated whether the prior applications “provided sufficient blaze marks to provide written description support for the ‘830 patent claims.” Id. at 1357. The court agreed with the Board that there were no adequate blaze marks. Id. at 1358. Therefore, the court held that the earlier-filed applications did not provide sufficient written description to support the later-filed patent claims under 35 U.S.C. 120.
Thus, to satisfy the written description requirement, the specification must do more than just provide the building blocks. It must show that the inventor actually conceived of the claimed structure. In the instant application, there is no cohesive narrative, flowchart, or specific embodiment that teaches the sequential, two-step operation where a local actuator is triggered first, followed by a second voice command explicitly routed over a local wireless network to a separate device. The specification appears to disclose a compendium of possible “actuators”, said actuators being assertedly capable of “affecting, changing, producing, or creating a physical phenomenon”. The actuators themselves include “Any element designed for or capable of directly or indirectly affecting, changing, producing, or creating a physical phenomenon under an electric signal control.” (Instant Application, [0086]). Exemplary embodiments notwithstanding, the claimed “physical phenomena” which can be affected by the actuators is without limit. Accordingly, physical phenomena is not specifically limited, as the applicant defines the actuator based on the physical phenomena, indicating the actuator as “[a]ny element designed for or capable of directly or indirectly affecting, changing, producing, or creating a physical phenomenon under an electric signal control” (Id.). However, the four corners of the specification lack the necessary “blaze marks” to direct a person having ordinary skill in the art to the specific sequential two-step interactive voice hub architecture claimed in claim 1 and in dependent claims thereon.
The specification discloses the individual hardware components in isolation, as part of unrelated “laundry list” embodiments. For example, a voice capture, server processing, and return command loop (e.g., ¶ [0132]), the microphones for sensing voice (e.g., ¶ [0055]), an internet connected control server (e.g., ¶ [0132]), generic actuators for “affecting, changing, producing, or creating a physical phenomenon” (e.g., ¶ [0168]), and various sounders (e.g., ¶ [0099]-[0100], and [0435]-[0440]), and a variety of distinct devices communicating over different networks (e.g., [0029], [0169]-[0170], and [0358]. However, the above described laundry lists merely provide generic network and/or smart home building blocks, from which the invention described in claim 1 is assembled. However, the application does not recite the elements in combination with one another as described in claim 1. In light of the lack of “ipsis verbis” recitation of the claim limitations, upon review of the specification as a whole, there does not appear to be the above described “blaze marks” in the written description supporting the combination of limitations in the continuation application as filed. As well, applicant as not indicated where support for this combination can be found in the specification. Therefore, claim 1 as presented lacks specification support and is rejected.
Regarding claims 2-30, claims 2-30 depend from claim 1 and incorporate all limitations therefrom. Therefore, claims 2-30 are rejected under 35 U.S.C. 112 (pre-AIA ) for at least the same reasons as described with reference to claim 1.
Claims 1-30 are further rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding claim 1, the limitation requiring “a first actuator for affecting, changing, producing, or creating a first physical phenomena,” is not described in the specification such that one skilled in the art could make/use the invention without undue experimentation. To determine whether undue experimentation is required to practice the full scope of this claim, the framework of factors in In re Wands, 858 F.2d 731, 737, 8 USPQ2d 1400, 1404 (Fed. Cir. 1988), referred to as the Wands factors are applied below. (See MPEP 2164.01(a)).
The Wands factors are (A) The breadth of the claims; (B) The nature of the invention; (C) The state of the prior art; (D) The level of one of ordinary skill; (E) The level of predictability in the art; (F) The amount of direction provided by the inventor; (G) The existence of working examples; and (H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure. Each of the Wands factors are expressly considered here. However, due to a lack of evidence regarding specific factors and/or limited probative nature of said factor under the specific circumstances of the present application, the substantive discussion included herein is limited to the factors discussed below.
Regarding the breadth of the claims, the claimed scope of a “physical phenomena” is functionally infinite. The specification lacks any limiting structural or functional boundary for this phrase, instead dictating that it encompasses “the amount of a property or of a physical quantity or the magnitude relating to a physical phenomena, body, or substance,” as well as any time derivative, linear density, surface density, volume density, or flux. (Instant Application, [0058]). Under the broadest reasonable interpretation, this limitation encompasses practically any measurable change or state in the physical universe, ranging from simple temperature adjustments to the manipulation of gravitational fields or nuclear strong forces.
One might attempt to temper the vast breadth of the phrase “physical phenomena” by reading implied structural limitations into the associated term “actuator.” However, such a narrowing interpretation is expressly precluded by the specification’s own lexicography. The specification circularly defines an “actuator” entirely by its functional ability to affect a physical phenomenon, stating that “[a]ny element designed for or capable of directly or indirectly affecting, changing, producing, or creating a physical phenomenon under an electric signal control” (Instant Application, [0086]). Further, the text broadly explains an actuator as any “mechanism, system, or device that creates, produces, changes, stimulates, or affects a phenomena” (Instant Application, [0382]). Because the applicant has acted as their own lexicographer to define an actuator strictly by the infinite functional result of affecting a “physical phenomenon,” the term actuator provides no limiting structural boundaries. Consequently, the interplay of these two definitions creates a functionally boundless genus that requires the specification to enable virtually any device altering any measurable state in the physical universe.
Regarding the amount of direction provided and working examples, the specification provides working examples for only a microscopic fraction of the genus. The specification adequately teaches using an “actuator such as a heater to change temperature, an LED to emit light, or a sounder to convert electrical energy into sound waves. However, the specification provides absolutely no direction, guidance, or working examples for how an actuator might be structurally configured to affect the vast majority of other physical phenomena encompassed by the above described claim limitation.
Regarding the level of predictability, general physics and environmental manipulation represent highly unpredictable arts when claimed at this level of abstraction. A person of ordinary skill in the art reading the specification would only be enabled to make and use actuators for the mundane species explicitly taught (e.g., turning on an LED or a heater). To successfully configure an actuator capable of affecting any or every physical phenomena falling within the bounds of claim 1 would require a person of ordinary skill to engage in profound, possibly even insurmountable, undue experimentation that far exceeds the teachings of the specification.
In light of the fact that the applicant has claimed a functionally infinite genus while only enabling an extremely narrow subset of simple electronic species, the scope of enablement provided to one skilled in the art is not commensurate with the scope of the protection sought. Therefore, claim 1 is not enabled and the claim is further rejected under 35 U.S.C. 112 (pre-AIA ).
Regarding claims 2-30, claims 2-30 depend from claim 1 and incorporate all limitations therefrom. Therefore, claims 2-30 are further rejected under 35 U.S.C. 112 (pre-AIA ) for at least the same reasons as described with reference to claim 1.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, claim 1 recites the limitation “the captured first and second human voice data” in line 11. There is insufficient antecedent basis for this limitation in the claim.
To further clarify, applicant does claim “multiple microphones for capturing human voice data,” at line 4 of claim 1. However, it is noted that “for capturing…” is aspirational and does not relate to an event which necessarily occurs as part of the claim. Thus, the later claimed “to receive the captured first and second human voice data” at line 11, which references data that is affirmatively captured, creates at least two possibilities: (1) the limitation refers to the “capturing human voice data” and thus applicant should affirmatively indicate that the first and second human voice data are at least among the human voice data captured at this step; or (2) “the captured first and second human voice data” is intended to refer to voice data which is affirmatively captured as part of the device, and this limitation alludes to a missing step and/or a separate part.
Regarding claims 2-30, claims 2-30 depend from claim 1 and incorporate all limitations therefrom. Therefore, claims 2-30 are further rejected under 35 U.S.C. 112 (pre-AIA ) for at least the same reasons as described with reference to claim 1.
Appropriate correction is required.
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.
Claim 1-2, 4-8, 11-19, 21-22, and 24-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ansari in view of Alfred.
Regarding claim 1, Ansari discloses A device for use with a wireless network over an unlicensed radio frequency band, and for use with a controlled device (The systems and methods described with reference to “multi-services residential gateway appliance 10” that “may be provided by implementation of... a wireless network interface via a WiFi LAN access point 62 provided, for example, in accordance with the I.E.E.E. 802.11b/g/n wireless or wireless network communications standard” and which is used for controlling a “myriad of interconnected digital endpoint devices”; Ansari, ¶ [0055], [0057]), the device comprising: [a microphone] for capturing human voice data (Though not expressly disclosed as including a microphone, the residential gateway can further include “SIP soft clients” as an “in home device” for “supporting voice services”, where the SIP soft client is understood in the art to include a microphone, as part of “handling all aspects of the digital home communications, e.g., IP, voice, VoIP, phone connectivity” (emphasis added); Ansari, ¶ [0060], [0080]), the device comprising: multiple microphones for capturing human voice data (“To enable user interaction with the computing device 100, an input device 190 represents any number of input mechanisms, such as a microphone for speech” and the input device 190 as part of “any number of input mechanisms” can “be one or more of a number of [input] means” (the use of the word “also” indicates that the applied description for the device output 170 applied equally to the input device 190); Alfred, ¶ [0024]); an antenna for coupling to the wireless network (“the appliance 10” can further include “a wireless network interface via a WiFi LAN access point 62” which is depicted in FIG. 2B as including an antenna.; Ansari, ¶ [0057]; FIG. 2B); a transceiver coupled to the antenna for transmitting to, and for receiving from, the wireless network (The “WiFi LAN access point 62” including the “corresponding 802.11b/g/n wireless device driver,” acts as a transceiver (i.e., a transmitter and a receiver) within the broadest reasonable interpretation, for purposes of transmitting to and receiving from the wireless network.; Ansari, ¶ [0062]); a first actuator for affecting, changing, producing, or creating a first physical phenomenon (The gateway appliance includes “one or more LED devices 166” where an LED is an actuator within the BRI of the instant application, “for indicating status and other usable information to users of the appliance” through the emission of light {for affecting, changing, producing, or creating a first physical phenomenon}, where “Any change in status of these devices will come as notifications or alerts”; Ansari, ¶ [0062], [0189]); a processor coupled to control the transceiver, to receive the captured first and second human voice data from the multiple microphones, and to control or activate the first actuator (“More particularly, as shown in FIG. 2B, a base support layer 102 comprises essential hardware components including a processor device 152, e.g., a system on chip central processing unit (“CPU”) that includes processing elements, digital signal processor resources and memory” which includes all hardware of the appliance 10, including controlling the home automation networking device 20, the microphone (as hardware related to the SIP soft client), and one or more LED devices 166 which are all controlled by the CPU 152 through “device drivers layer 104”; Ansari, ¶ [0062], [0064]); and a non-transitory computer readable medium that comprises instructions executable by the processor, (the “CPU 152 is also coupled to a random access memory (“RAM”) and additionally, non-volatile hard drive/disk magnetic and/or optical disk memory storage 154” which provide “non-volatile storage of computer readable instructions, data structures, program modules, objects, and other data for use by the gateway device” through CPU 152; Ansari, ¶ [0062]) wherein the device is configured to: capture... the first and second [commands] (“a user may check on the status of each of these devices and send commands to change the status information,” and “Moreover, as shown in Fig. 15, via the IM server functionality, a user is able to control home networking devices 665 of home automation devices locally or remotely.”; Ansari, ¶ [0187]-[0189]); operate the first actuator, according to the received first command (The gateway appliance includes “one or more LED devices 166 for indicating status and other usable information to users of the appliance” through the emission of light where “Any change in status of these devices” such as in response to “commands to change the status information” as received from the user “will come as notifications or alerts.”; Ansari, ¶ [0062], [0189]); and send, to a controlled device that comprises the second actuator, over the wireless network (“the gateway appliance interfaces with digital endpoint devices including, but not limited to: a home automation networking device 20 (e.g., X10, Z-Wave or ZigBee) for wired or wireless home network automation and control of networked home devices such as a switch controller 22, sensor devices 23, automatically controlled window blinds 24, a controlled lighting or lamp unit 25 etc.”; Ansari, ¶ [0058]), the received second actuator command, for operating the second actuator therein, (“for example, this functionality specifically provides means to configure and control networking devices and home automation devices, e.g., networked light switch 166 controlling light fixture 167”; Ansari, ¶ [0187]) wherein the first or second actuator comprises a sounder… (“the gateway appliance interfaces with the digital endpoint devices including… a VoIP phone 26” and “FXS interfaces 162 are provided to support analog phone devices…” where, when the client device is a VoIP or analog phone, the client device is universally understood to include a physical “ringer” (and/or an electric bell/buzzer in older models) which operate in response to electrical input, functioning as a sounder to alert the user of an incoming call or message.; Ansari, ¶ [0058], [0062]). However, Ansari fails to expressly recite wherein the device is configured to: capture, by the multiple microphones, the first and second human voice data; send, to a server over the Internet via the wireless network, the captured first human voice data; receive, from the server over the Internet via the wireless network, in response to the sending to the server of the captured first human voice data, a first command of the first actuator; send, to the server over the Internet via the wireless network, the captured second human voice data; receive, from the server over the Internet via the wireless network, in response to the sending to the server of the captured second human voice data, a second command of a second actuator that is configured for affecting, changing, producing, or creating, a second physical phenomenon wherein the first or second actuator comprises a sounder that comprises an electromagnetic loudspeaker, a piezoelectric speaker, an electrostatic loudspeaker (ESL), a ribbon or planar magnetic loudspeaker, or a bending wave loudspeaker, and wherein the operating of the respective first or second actuator comprises converting an electrical energy to sound waves.
Alfred teaches systems, devices, and methods for “performing speech recognition to control specified devices.” (Alfred, ¶ [0002]). Regarding claim 1, Alfred teaches wherein the device is configured to: capture, by the multiple microphones, the first and second human voice data (“To enable user interaction with the computing device 100, an input device 190 represents any number of input mechanisms, such as a microphone for speech” and “The user’s utterance 210 is converted to a text or digital signal by an automatic speech recognition (ASR) module 220.”; Alfred, ¶ [0024], [0029]); send, to a server over the Internet via the wireless network, the captured first human voice data (“an embodiment of the present invention where a device is controlled by the user calling into the system 200 from a telephone, either land-line, cellular, or VoIP or any other communication system to access a user profile 230 that allows the user to control a device 240,”; Alfred, ¶ [0029]); receive, from the server over the Internet via the wireless network, in response to the sending to the server of the captured first human voice data, a first command of the first actuator (“The digital signal is then communicated in association with the user profile where key words are picked up and converted into device specific text… which is then used to operate the device”; Alfred, ¶ [0047]); send, to the server over the Internet via the wireless network, the captured second human voice data (“To enable user interaction with the computing device 100, an input device 190 represents any number of input mechanisms, such as a microphone for speech” and, as described with reference to an example, “The user, after receiving the information generated by the cable enabled device, can...place a command with a recording device to record the movie that was identified by the cable enabled device” which is understood as a follow-up or additional command which is provided after an initial command of some kind (e.g., in response to the results of a first command); Alfred, ¶ [0024], [0039]); receive, from the server over the Internet via the wireless network, in response to the sending to the server of the captured second human voice data, a second command of a second actuator (As described with reference to an example, “ if a user utterance 210 is “need to record M.A.S.H. at 5 pm on channel 132”, the user profile 230 will receive the text of that utterance from ASR 220 and convert that to a device specific control signal that is transmitted to a device 240 that may be a cable set top box” where the device specific control signal, as previously indicated, may be “device specific text… which is then used to operate the device”; Alfred, ¶ [0033], [0047]) that is configured for affecting, changing, producing, or creating, a second physical phenomenon (The device specific text can then be used, for example, to “set the recording mechanism to record the desired program at its appropriate time and channel.”; Alfred, ¶ [0033]) wherein the first or second actuator comprises a sounder that comprises an electromagnetic loudspeaker, a piezoelectric speaker, an electrostatic loudspeaker (ESL), a ribbon or planar magnetic loudspeaker, or a bending wave loudspeaker (“the output device may include a speaker that generates the audible sound representing the computer synthesized speech,” where a speaker is an electromagnetic loudspeaker designed to function as a sounder for the system.; Alfred, ¶ [0026]), and wherein the operating of the respective first or second actuator comprises converting an electrical energy to sound waves (“…generates the audible sound representing the computer synthesized speech,” where the operation of a speaker is the receiving of an electrical audio signal from the system and converting that electrical audio signal into physical sound waves to generate audible sound.; Alfred, ¶ [0026]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the home automation gateway of Ansari to incorporate the teachings of Alfred to include wherein the device is configured to: capture, by the multiple microphones, the first and second human voice data; send, to a server over the Internet via the wireless network, the captured first human voice data; receive, from the server over the Internet via the wireless network, in response to the sending to the server of the captured first human voice data, a first command of the first actuator; send, to the server over the Internet via the wireless network, the captured second human voice data; receive, from the server over the Internet via the wireless network, in response to the sending to the server of the captured second human voice data, a second command of a second actuator that is configured for affecting, changing, producing, or creating, a second physical phenomenon wherein the first or second actuator comprises a sounder that comprises an electromagnetic loudspeaker, a piezoelectric speaker, an electrostatic loudspeaker (ESL), a ribbon or planar magnetic loudspeaker, or a bending wave loudspeaker, and wherein the operating of the respective first or second actuator comprises converting an electrical energy to sound waves. Ansari discloses a robust, highly capable home automation gateway. However, Ansari is described in the context of texts and is silent regarding the direct use of speech inputs for controlling the described system. The network-based speech recognition system of Alfred includes receiving speech at a server and generating text for use in controlling remote devices, where the incorporation of network-based text-to-speech would increase user convenience by allowing natural language input, rather than forcing the user to manually type commands, and, as such, would be more responsive to immediate user intent, as recognized by Alfred. (Alfred, ¶ [0005], [0009]-[0010]).
Regarding claim 2, the rejection of claim 1 is incorporated. Ansari and Alfred disclose all of the elements of the current invention as stated above. Ansari further discloses A system comprising the device according to claim 1 in a building and the server is external to the building, further configured to (The gateway appliance of claim 1 is “a secure platform for building and providing multiple services for digital clients at the premises” and “The secure platform for building and providing multiple services for digital clients at the premises assumes connectivity between the appliance 10 and each of a user’s digital devices” which may be connected via a LAN, thus the device is in “the premises {a building}”; Ansari, ¶ [0055]) and the server is external to the building (“service center 50 is provided, in one embodiment, via a wide area networks (WAN) interface, such as Ethernet WAN 53 over a broadband connection via the public Internet 99” such that “the service center 50 generally provides a secure IP-based communications and processing infrastructure for supporting the variety of services and applications and communications residing at multiple gateway devices 10 1,.. 10 n” Thus the service center 50 is external to the “the premises” for any of the “multiple gateway devices 10 1,.. 10 n”; Ansari, ¶ [0056])...sending, by the device, of the captured first human voice data (The residential gateway can further include “SIP soft clients” as an “in home device” for “supporting voice services”, where the SIP soft client is “for supporting voice services, e.g., by providing for calls from SIP soft clients”; Ansari, ¶ [0060], [0080]) ...sending, by the device, of the captured second human voice data (As indicated with regards to the first user utterance, the “SIP soft clients” as implemented through the gateway appliance, can include “supporting voice services, e.g., by providing for calls from SIP soft clients,” where the plural “voice services” includes a second user utterance.; Ansari, ¶ [0060], [0080]). However, Ansari fails to expressly recite further configured to: receive, by the server from the device over the Internet, the captured first human voice data, in response to the sending, by the device, of the captured first human voice data; process, by the server, the received captured first human voice data; produce the first command, in response to the processing of the received captured first human voice data; send, by the server to the device over the Internet, the produced first command; receive, by the server from the device over the Internet, the captured second human voice data, in response to the sending, by the device, of the captured second human voice data; process, by the server, the received captured second human voice data; produce the second command, in response to the processing of the received captured second human voice data; and send, by the server to the device over the Internet, the produced second command.
The relevance of Alfred is described above with relation to claim 1. Regarding claim 2, Alfred teaches further configured to: receive, by the server from the device over the Internet, the captured first human voice data (The “system 200” receives the first user utterance “from a telephone, either land-line, cellular, or VoIP or any other communication system to access a user profile 230 that allows the user to control a device 240.”; Alfred, ¶ [0029]), in response to the sending, by the device, of the captured first human voice data (The system 200 receives the user utterance from “from a telephone, either land-line, cellular, or VoIP or any other communication system” and “The user may employ any method that will carry a voice signal to the system 200,” which, in the context of Ansari, includes the SIP soft client disclosed at [0080].; Alfred, ¶ [0029]-[0030]); process, by the server, the received captured first human voice data (“The user’s utterance 210 is converted” by the system 200 “to a text or digital signal by an automatic speech recognition (ASR) module 220.”; Alfred, ¶ [0029]); produce the first command, in response to the processing of the received captured first human voice data (The system 200 can include “converting the received utterance to text using automatic speech recognition module” and “converting at least a portion of the text to the device specific control language”; Alfred, ¶ [0052]); send, by the server to the device over the Internet, the produced first command (“transmitting the device specific control language to the identified device, wherein the identified device implements a function based on the transmitted device specific control language”; Alfred, ¶ [0052]); receive, by the server from the device over the Internet, the captured second human voice data (As indicated with regards to the first user utterance, the “system 200” receives the second user utterance “from a telephone, either land-line, cellular, or VoIP or any other communication system to access a user profile 230 that allows the user to control a device 240.”; Alfred, ¶ [0029]), in response to the sending, by the device, of the captured second human voice data (The system 200 receives the second user utterance from “from a telephone, either land-line, cellular, or VoIP or any other communication system” and “The user may employ any method that will carry a voice signal to the system 200,” which, in the context of Ansari, includes the SIP soft client disclosed at [0080].; Alfred, ¶ [0029]-[0030]); process, by the server, the received captured second human voice data (“The [second] user’s utterance 210 is converted” by the system 200 “to a text or digital signal by an automatic speech recognition (ASR) module 220.”; Alfred, ¶ [0029]); produce the second command, in response to the processing of the received captured second human voice data (The system 200 can include “converting the received utterance to text using automatic speech recognition module” and “converting at least a portion of the text to the device specific control language”; Alfred, ¶ [0029], [0052]); and send, by the server to the device over the Internet, the produced second command (The system further includes “transmitting the device specific control language to the identified device, wherein the identified device implements a function based on the transmitted device specific control language”; Alfred, ¶ [0052]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the home automation gateway of Ansari to incorporate the teachings of Alfred to include further configured to: receive, by the server from the device over the Internet, the captured first human voice data, in response to the sending, by the device, of the captured first human voice data; process, by the server, the received captured first human voice data; produce the first command, in response to the processing of the received captured first human voice data; send, by the server to the device over the Internet, the produced first command; receive, by the server from the device over the Internet, the captured second human voice data, in response to the sending, by the device, of the captured second human voice data; process, by the server, the received captured second human voice data; produce the second command, in response to the processing of the received captured second human voice data; and send, by the server to the device over the Internet, the produced second command. Ansari discloses a robust, highly capable home automation gateway. However, Ansari is described in the context of texts and is silent regarding the direct use of speech inputs for controlling the described system. The network-based speech recognition system of Alfred includes receiving speech at a server and generating text for use in controlling remote devices, where the incorporation of network-based text-to-speech would increase user convenience by allowing natural language input, rather than forcing the user to manually type commands, and, as such, would be more responsive to immediate user intent, as recognized by Alfred. (Alfred, ¶ [0005], [0009]-[0010]).
Regarding claim 4, the rejection of claim 1 is incorporated. Ansari and Alfred disclose all of the elements of the current invention as stated above. Ansari further discloses further comprising a sensor that outputs sensor data in response to a physical phenomenon, (“the gateway appliance interfaces with digital endpoint devices including, but not limited to: a home automation networking device 20 (e.g., X10, Z-Wave or ZigBee) for wired or wireless home network automation and control of networked home devices such as a switch controller 22, sensor devices 23”; Ansari, ¶ [0058]). However, Ansari fails to expressly recite wherein the device is further configured to send, to the server via the wireless network over the Internet, the sensor data, and wherein the first command is further responsive to the sent sensor data.
The relevance of Alfred is described above with relation to claim 1. Regarding claim 2, Alfred teaches wherein the device is further configured to send, to the server via the wireless network over the Internet, the sensor data (In response to the receipt of the user utterance (e.g., for example, “a parent calls...”), and the system 200 responds by “check[ing] the status of a device in the home or at a business” where the automated checking of the status of a device is a request for sensor data, and the receipt of information in response to that request, indicates that the sensor is configured to send of sensor data.; Alfred, ¶ [0040]), and wherein the first command is further responsive to the sent sensor data (The first command is derived from the first input, the sensor data (e.g., “status of a device”) is responsive to a request for further information regarding the first input, such that the system 200 can properly generate the command while applying all known conditions (e.g., workplace restrictions, parental controls, etc.). Therefore, the first command is responsive to the sensor data.; Alfred, ¶ [0038]-[0040]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the home automation gateway of Ansari to incorporate the teachings of Alfred to include wherein the device is further configured to send, to the server via the wireless network over the Internet, the sensor data, and wherein the first command is further responsive to the sent sensor data. Ansari discloses a robust, highly capable home automation gateway. However, Ansari is described in the context of texts and is silent regarding the direct use of speech inputs for controlling the described system. The network-based speech recognition system of Alfred includes receiving speech at a server and generating text for use in controlling remote devices, where the incorporation of network-based text-to-speech would increase user convenience by allowing natural language input, rather than forcing the user to manually type commands, and, as such, would be more responsive to immediate user intent, as recognized by Alfred. (Alfred, ¶ [0005], [0009]-[0010]).
Regarding claim 5, the rejection of claim 4 is incorporated. Ansari further discloses wherein the sensor is a thermoelectric sensor that responds to a temperature or to a temperature gradient of an object using a conduction, convection, or radiation, or wherein the sensor is a photoelectric sensor that responds to a visible or an invisible light or gamma rays (Discloses the user command “set the thermostat of the ‘downstairs HVAC unit’ to 75 degrees” where a thermostat is a thermoelectric sensor that measures and outputs data in response to the physical phenomena of temperature in order to govern an HVAC unit to locally control the physical phenomena of temperature.; Ansari, ¶ [0207]).
Regarding claim 6, the rejection of claim 4 is incorporated. Ansari further discloses further comprising, or consisting of, a client device (Discloses that the gateway appliance 10 includes connectivity to “each of a user’s digital endpoint devices” which are also referred to as client devices {comprising, or consisting of, a client device}; Ansari, ¶ [0057]-[0058]).
Regarding claim 7, the rejection of claim 1 is incorporated. Ansari further discloses wherein the first or second physical phenomenon comprises a temperature, humidity, pressure, audio, or vibration (Discloses the user command “set the thermostat of the ‘downstairs HVAC unit’ to 75 degrees” where a thermostat is a thermoelectric sensor that measures and outputs data in response to the physical phenomena of temperature in order to govern an HVAC unit, the governing of the HVAC unit being to locally control the physical phenomena of temperature.; Ansari, ¶ [0207]).
Regarding claim 8, the rejection of claim 1 is incorporated. Ansari further discloses wherein the first or second physical phenomenon comprises a sound, flow rate, electrical voltage, or electrical current (Discloses the user command “set the thermostat of the ‘downstairs HVAC unit’ to 75 degrees” where a thermostat is a thermoelectric sensor that measures and outputs data in response to the physical phenomena of temperature in order to govern an HVAC unit through control of electrical voltage/current to the HVAC unit.; Ansari, ¶ [0207]).
Regarding claim 11, the rejection of claim 1 is incorporated. Ansari further discloses further comprising a volatile or non-volatile memory coupled to the processor that stores an address for uniquely identifying the respective device in the wireless network or in the Internet (“Some of the in-home endpoint device processing duties performed by the appliance 10 include, but are not limited to: 1) detecting new devices and provide IP addresses dynamically or statically”; Ansari, ¶ [0054]).
Regarding claim 12, the rejection of claim 11 is incorporated. Ansari further discloses wherein the address is a Media Access Control (MAC) layer address that is MAC-48, Extended Unique Identifier (EUI) EUI-48, or EUI-64 type, or wherein the address is a layer 3 address that is a static or dynamic Internet Protocol (IP) address that is IPv4 or IPv6 type address (“Some of the in-home endpoint device processing duties performed by the appliance 10 include, but are not limited to: 1) detecting new devices and provide IP addresses dynamically or statically” using a “Internet Protocol (e.g., Ipv4, Ipv6, etc.) configured connection” where an IP address, as of the effective filing date of Ansari, was well known to one having ordinary skill in the art to be necessarily either static or dynamic (IP addresses must necessarily be one or the other), be a layer 3 (or network layer) address as established by the OSI model, and be based on the IPv4 or IPv6 protocols.; Ansari, ¶ [0054], [0065]).
Regarding claim 13, the rejection of claim 1 is incorporated. Ansari further discloses wherein the wireless network is a Wireless Personal Area Network (WPAN), that is according to, or based on, a Bluetooth™ or Institute of Electrical and Electronics Engineers (IEEE) 802.5.-2005 standards, or wherein the WPAN is a wireless control network that is according to, or based on, Zigbee™, IEEE 802.5.-2003, or Z-Wave™ standards (Discloses interfacing with “a home automation networking device 20 (e.g., X10, Z-Wave or ZigBee) for wired or wireless home network automation and control of networked home devices such as a switch controller 22, sensor devices 23, automatically controlled window blinds 24, a controlled lighting or lamp unit 25 etc.;”; Ansari, ¶ [0058]).
Regarding claim 14, the rejection of claim 1 is incorporated. Ansari further discloses wherein the wireless network is a Wireless Local Area Network (WLAN) that is according to, or base on, IEEE 802.11-2012, IEEE 802.11a, IEEE 802.11b, Institute of Electrical and Electronics Engineers (IEEE) IEEE 802.11g, IEEE 802.11n, or IEEE 802.11ac (Discloses “a wireless network interface via a WiFi LAN access point 62 provided, for example, in accordance with the I.E.E.E. 802.11b/g/n wireless or wireless network communications standard.”; Ansari, ¶ [0057]).
Regarding claim 15, the rejection of claim 1 is incorporated. Ansari further discloses wherein the unlicensed radio frequency band is an Industrial, Scientific and Medical (ISM) radio band (Discloses “a wireless network interface via a WiFi LAN access point 62 provided, for example, in accordance with the I.E.E.E. 802.11b/g/n wireless or wireless network communications standard.,” 802.11b/g/n wireless where 802.11b/g/n is well known in the art to operate over the 2.4 GHz and 5 GHz Industrial, Scientific, and Medical (ISM) radio bands.; Ansari, ¶ [0057]).
Regarding claim 16, the rejection of claim 1 is incorporated. Ansari further discloses wherein the wireless network is a cellular telephone network that is a Third Generation (3G) network that uses an Universal Mobile Telecommunications System (UMTS), Wideband Code Division Multiple Access (W-CDMA) UMTS, High Speed Packet Access (HSPA), UMTS Time-Division Duplexing (TDD), CDMA2000 1xRTT, Evolution – Data Optimized (EV-DO), Global System for Mobile communications (GSM), Enhanced Data rates for GSM Evolution (EDGE) EDGE-Evolution, or wherein the cellular telephone network is a Fourth Generation (4G) network that uses an Evolved High-Speed Packet Access (HSPA+), Mobile Worldwide Interoperability for Microwave Access (WiMAX), Long-Term Evolution (LTE), LTE-Advanced, Mobile Broadband Wireless Access (MBWA), or is based on IEEE 802.20-2008 (Discloses the wireless network operating “via a wireless EvDO (Evolution Data Optimized) Internet data interface embodied as a PCMCIA (personal computer memory) wireless card 56”; Ansari, ¶ [0056]).
Regarding claim 17, the rejection of claim 1 is incorporated. Ansari further discloses wherein the device or the controlled device is integrated with, is part of, or is entirely included in, an appliance (The systems and methods described with reference to “multi-services residential gateway appliance 10” where the device is the gateway appliance 10.; Ansari, ¶ [0055], [0057]).
Regarding claim 18, the rejection of claim 17 is incorporated. Ansari and Alfred disclose all of the elements of the current invention as stated above. However, Ansari fails to expressly recite wherein a primary functionality of the appliance is associated with a food storage, handling, or preparation.
The relevance of Alfred is described above with relation to claim 1. Regarding claim 18, Alfred teaches wherein a primary functionality of the appliance is associated with a food storage, handling, or preparation (“The system 200 can control any remotely operable device” such as “kitchen appliances,” where kitchen appliances are associated with food storage, handling, or preparation.; Alfred, ¶ [0032]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the home automation gateway of Ansari to incorporate the teachings of Alfred to include wherein a primary functionality of the appliance is associated with a food storage, handling, or preparation. Ansari discloses a robust, highly capable home automation gateway. However, Ansari is described in the context of texts and is silent regarding the direct use of speech inputs for controlling the described system. The network-based speech recognition system of Alfred includes receiving speech at a server and generating text for use in controlling remote devices, where the incorporation of network-based text-to-speech would increase user convenience by allowing natural language input, rather than forcing the user to manually type commands, and, as such, would be more responsive to immediate user intent, as recognized by Alfred. (Alfred, ¶ [0005], [0009]-[0010]).
Regarding claim 19, the rejection of claim 18 is incorporated. Ansari and Alfred disclose all of the elements of the current invention as stated above. However, Ansari fails to expressly recite wherein the primary function of the appliance is heating food, and wherein the appliance is a microwave oven, an electric mixer, a stove, an oven, or an induction cooker.
The relevance of Alfred is described above with relation to claim 1. Regarding claim 19, Alfred teaches wherein the primary function of the appliance is heating food, and wherein the appliance is a microwave oven, an electric mixer, a stove, an oven, or an induction cooker (“The system 200 can control any remotely operable device” such as “kitchen appliances,” where kitchen appliances are associated with food storage, handling, or preparation, and FIG. 5 specifically discloses an “oven 512”; Alfred, ¶ [0032]; FIG. 5).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the home automation gateway of Ansari to incorporate the teachings of Alfred to include wherein the primary function of the appliance is heating food, and wherein the appliance is a microwave oven, an electric mixer, a stove, an oven, or an induction cooker. Ansari discloses a robust, highly capable home automation gateway. However, Ansari is described in the context of texts and is silent regarding the direct use of speech inputs for controlling the described system. The network-based speech recognition system of Alfred includes receiving speech at a server and generating text for use in controlling remote devices, where the incorporation of network-based text-to-speech would increase user convenience by allowing natural language input, rather than forcing the user to manually type commands, and, as such, would be more responsive to immediate user intent, as recognized by Alfred. (Alfred, ¶ [0005], [0009]-[0010]).
Regarding claim 21, the rejection of claim 17 is incorporated. Ansari further discloses wherein the primary function of the appliance is associated with an environmental control, and the appliance is part of a Heating, Ventilation and Air Conditioning (HVAC) system (Discloses the user command “set the thermostat of the ‘downstairs HVAC unit’ to 75 degrees” where the appliance is an HVAC unit having a primary function of locally controlling the physical phenomena of temperature (environmental control); Ansari, ¶ [0207]).
Regarding claim 22, the rejection of claim 21 is incorporated. Ansari further discloses wherein the primary function of the appliance is associated with a temperature control, and wherein the appliance is an air conditioner or a heater (Discloses the user command “set the thermostat of the ‘downstairs HVAC unit’ to 75 degrees” where the appliance is an HVAC unit having a primary function of locally controlling the physical phenomena of temperature (environmental control), and the setting of a thermostat is with relation to an air conditioner or a heater.; Ansari, ¶ [0207]).
Regarding claim 24, the rejection of claim 17 is incorporated. Ansari further discloses wherein the appliance is an answering machine, a telephone set, a home cinema system, a High Fidelity (HiFi) system, a Compact Disc (CD) or Digital Video Disc (DVD) player, an electric furnace, a trash compactor, a smoke detector, a light fixture, or a dehumidifier (“other digital endpoint devices for which connectivity may be established with the appliance 10 include, but are not limited to: personal music or media players, hi-fi audio equipment with media streaming capability, game stations, Internet radio devices, Wi-Fi phones, wifi or other wirelessly enabled digital cameras, facsimile machines, electronic picture frames, health monitors (sensor and monitoring devices), etc. “; Ansari, ¶ [0058]).
Regarding claim 25, the rejection of claim 1 is incorporated. Ansari further discloses wherein the second actuator comprises an electric light source for converting an electrical energy into a light that emits a visible or non-visible light for illumination or indication, and the non-visible light is infrared, ultraviolet, X-rays, or gamma rays (discloses “a controlled lighting or lamp unit 25” and/or “networked light switch 166 controlling light fixture 167” which is an electric light source which emits visible or non-visible light, the light is for illumination (as this is the understood purpose for a “lamp” and a light in a “light fixture”).; Ansari, ¶ [0058], [0187]).
Regarding claim 26, the rejection of claim 25 is incorporated. Ansari further discloses wherein the electric light source comprises a lamp, an incandescent lamp, a gas discharge lamp, a fluorescent lamp, a Solid-State Lighting (SSL), a Light Emitting Diode (LED), an Organic LED (OLED), a polymer LED (PLED), or a laser diode (discloses “a controlled lighting or lamp unit 25” and/or “networked light switch 166 controlling light fixture 167”; Ansari, ¶ [0058], [0187]).
Regarding claim 27, the rejection of claim 1 is incorporated. Ansari further discloses wherein the second actuator is a motion actuator that causes a linear or rotary motion (Discloses the appliance is an HVAC unit having a primary function to locally control the physical phenomena of temperature (environmental control). Where an HVAC units are well known in the art to include a blower for a heater and a compressor for an AC unit, each of which are motion actuators causing both linear and rotary motion to locally control the physical phenomena of temperature.; Ansari, ¶ [0207]).
Regarding claim 28, the rejection of claim 1 is incorporated. Ansari and Alfred disclose all of the elements of the current invention as stated above. However, Ansari fails to expressly recite wherein the sounder is configured for an omnidirectional, unidirectional, or bidirectional emitting of audible or inaudible sound waves.
The relevance of Alfred is described above with relation to claim 1. Regarding claim 28, Alfred teaches wherein the sounder is configured for an omnidirectional, unidirectional, or bidirectional emitting of audible or inaudible sound waves (“provide the audio to a receiver/amplifier of a Home Sound System (stereo or digital multi-channel)” where a speaker is a sounder configured for an omnidirectional, unidirectional, or bidirectional emitting of audible or inaudible sound waves.; Alfred, ¶ [0080]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the home automation gateway of Ansari to incorporate the teachings of Alfred to include wherein the sounder is configured for an omnidirectional, unidirectional, or bidirectional emitting of audible or inaudible sound waves. Ansari discloses a robust, highly capable home automation gateway. However, Ansari is described in the context of texts and is silent regarding the direct use of speech inputs for controlling the described system. The network-based speech recognition system of Alfred includes receiving speech at a server and generating text for use in controlling remote devices, where the incorporation of network-based text-to-speech would increase user convenience by allowing natural language input, rather than forcing the user to manually type commands, and, as such, would be more responsive to immediate user intent, as recognized by Alfred. (Alfred, ¶ [0005], [0009]-[0010]).
Regarding claim 29, the rejection of claim 1 is incorporated. Ansari further discloses wherein the sounder further comprises an electric bell, a buzzer, a chime, a whistle, or a ringer (“the gateway appliance interfaces with the digital endpoint devices including… a VoIP phone 26” and “FXS interfaces 162 are provided to support analog phone devices…” where, when the client device isa VoIP or analog phone, the client device is universally understood to include a physical “ringer” (and/or an electric bell/buzzer in older models) which operate in response to electrical input, functioning as a sounder to alert the user of an incoming call or message.; Ansari, ¶ [0058], [0062]).
Regarding claim 30, the rejection of claim 1 is incorporated. Ansari and Alfred disclose all of the elements of the current invention as stated above. However, Ansari fails to expressly recite wherein the operating of the first actuator comprises a playing digital audio content that is pre-recorded or synthesized, or wherein the operating of the first actuator comprises simulating the voice of a human being or generating a music, or wherein the operating of the first actuator further comprises sounding a syllable, a word, a phrase, a sentence, a short story, or a long story, using male or female voice.
The relevance of Alfred is described above with relation to claim 1. Regarding claim 30, Alfred teaches wherein the operating of the first actuator comprises a playing digital audio content that is pre-recorded or synthesized, or wherein the operating of the first actuator comprises simulating the voice of a human being or generating a music, or wherein the operating of the first actuator further comprises sounding a syllable, a word, a phrase, a sentence, a short story, or a long story, using male or female voice (“This standard digital signal is then converted to a generated response 430 by the synthesizer 420”; Alfred, ¶ [0038]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the home automation gateway of Ansari to incorporate the teachings of Alfred to include wherein the operating of the first actuator comprises a playing digital audio content that is pre-recorded or synthesized, or wherein the operating of the first actuator comprises simulating the voice of a human being or generating a music, or wherein the operating of the first actuator further comprises sounding a syllable, a word, a phrase, a sentence, a short story, or a long story, using male or female voice. Ansari discloses a robust, highly capable home automation gateway. However, Ansari is described in the context of texts and is silent regarding the direct use of speech inputs for controlling the described system. The network-based speech recognition system of Alfred includes receiving speech at a server and generating text for use in controlling remote devices, where the incorporation of network-based text-to-speech would increase user convenience by allowing natural language input, rather than forcing the user to manually type commands, and, as such, would be more responsive to immediate user intent, as recognized by Alfred. (Alfred, ¶ [0005], [0009]-[0010]).
Claims 3 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ansari and Alfred as applied to claim 1 above, and further in view of Rhoads (U.S. Pat. App. Pub. No. 2011/0098056, hereinafter Rhoads) with further support from Non-patent literature to Kubota (Kubota, et al, Design and Implementation of 3D Auditory Scene Visualizer—Towards Auditory Awareness With Face Tracking, 10th IEEE Multimedia Symp., pp. 468-476, 2008, hereinafter Kubota).
Regarding claim 3, the rejection of claim 2 is incorporated. Ansari and Alfred disclose all of the elements of the current invention as stated above. However, Ansari fails to expressly recite wherein the processing comprises performing a voice recognition algorithm for identifying the voice of a specific person.
The relevance of Alfred is described above with relation to claim 1. Regarding claim 3, Alfred teaches wherein the processing comprises…[recognizing] a specific person (Discloses “a device is controlled by the user calling into the system 200 from a… communication system to access a user profile 230 that allows the user to control a device 240,” thus disclosing the identification of a specific person as corresponding to a user profile.; Alfred, ¶ [0029]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the home automation gateway of Ansari to incorporate the teachings of Alfred to include wherein the processing comprises…[recognizing] a specific person. Ansari discloses a robust, highly capable home automation gateway. However, Ansari is described in the context of texts and is silent regarding the direct use of speech inputs for controlling the described system. The network-based speech recognition system of Alfred includes receiving speech at a server and generating text for use in controlling remote devices, where the incorporation of network-based text-to-speech would increase user convenience by allowing natural language input, rather than forcing the user to manually type commands, and, as such, would be more responsive to immediate user intent, as recognized by Alfred. (Alfred, ¶ [0005], [0009]-[0010]). However, Ansari and Alfred fail to expressly recite wherein the processing comprises performing a voice recognition algorithm for identifying the voice of a specific person.
Rhoads teaches systems and methods for improving device cognition of user intent based on user input and environment. (Rhoads, ¶ [0002], [0009], [0016]). Regarding claim 3, Rhoads teaches wherein the processing comprises performing a voice recognition algorithm for identifying the voice of a specific person (Discloses “one or more audio sensors (microphones) in the smart phone listens to the audio environment” and “Speaker/speech recognition software analyzes the captured audio, to attempt to identify person(s) speaking, and discern the words being spoken.”; Rhoads, ¶ [0615]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the home automation gateway of Ansari, as modified by the network based speech recognition system of Alfred to incorporate the teachings of Rhoads to include wherein the processing comprises performing a voice recognition algorithm for identifying the voice of a specific person. The multi-microphone array and DOA processing of Rhoads, as applied to user/environmental context isolation, improves on the single microphone of Ansari/Alfred by enabling the client device to spatially isolate the user’s spoken commands and filter out background noise, such as televisions or other conversations, providing the predictable result of more robust, error-resistant voice control interface for the home automation network, as understood in light of the disclosure of Rhoads. (Rhoads, ¶ [0749]-[0751]).
Regarding claim 9, the rejection of claim 1 is incorporated. Ansari and Alfred disclose all of the elements of the current invention as stated above. However, Ansari and Alfred fail to expressly recite wherein the multiple microphones are arranged as a directional microphones array operative to estimate a number, magnitude, frequency, Direction-Of-Arrival (DOA), distance, or speed of a sound impinging the microphones array.
The relevance of Rhoads is described above with relation to claim 3. Regarding claim 9, Rhoads teaches wherein the multiple microphones are arranged as a directional microphones array operative to estimate a number, magnitude, frequency, Direction-Of-Arrival (DOA), distance, or speed of a sound impinging the microphones array (Discloses an audio scene analyzer comprising “a microphone array” which “localizes and separates sounds, and recognizes the separated sounds by speech recognition techniques” including indicating the “placement of the sound sources relative to the microphone array at a selected time point” and “directional filtering so as to remove undesired sound sources. “; Rhoads, ¶ [0749]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the home automation gateway of Ansari, as modified by the network based speech recognition system of Alfred to incorporate the teachings of Rhoads to include wherein the multiple microphones are arranged as a directional microphones array operative to estimate a number, magnitude, frequency, Direction-Of-Arrival (DOA), distance, or speed of a sound impinging the microphones array. The multi-microphone array and DOA processing of Rhoads, as applied to user/environmental context isolation, improves on the single microphone of Ansari/Alfred by enabling the client device to spatially isolate the user’s spoken commands and filter out background noise, such as televisions or other conversations, providing the predictable result of more robust, error-resistant voice control interface for the home automation network, as understood in light of the disclosure of Rhoads. (Rhoads, ¶ [0749]-[0751]).
Regarding claim 10, the rejection of claim 1 is incorporated. Ansari and Alfred disclose all of the elements of the current invention as stated above. However, Ansari and Alfred fail to expressly recite wherein at least one of the multiple microphones comprises an omnidirectional, unidirectional, or bidirectional microphone that is based on the sensing an incident sound-based motion of a diaphragm or a ribbon, or wherein at least one of the multiple microphones comprises a condenser, an electret, a dynamic, a ribbon, a carbon, or a piezoelectric microphone.
The relevance of Rhoads is described above with relation to claim 3. Regarding claim 10, Rhoads teaches wherein at least one of the multiple microphones comprises an omnidirectional, unidirectional, or bidirectional microphone that is based on the sensing an incident sound-based motion of a diaphragm or a ribbon, or wherein at least one of the multiple microphones comprises a condenser, an electret, a dynamic, a ribbon, a carbon, or a piezoelectric microphone (The audio scene analyzer is described as being the “Kubota system” as incorporated by reference from “Kubota, et al, Design and Implementation of 3D Auditory Scene Visualizer—Towards Auditory Awareness With Face Tracking, 10th IEEE Multimedia Symp., pp. 468-476, 2008”, which Kubota explains (at pg. 471, col. 2, lines 5-8) their “audio signal recording module” incorporates “Holophone H2-PRO (7.-channel surround sound microphones) for a microphone array” which “produces an output of multi-channel audio signals.”; Rhoads, ¶ [0749]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the home automation gateway of Ansari, as modified by the network based speech recognition system of Alfred to incorporate the teachings of Rhoads to include wherein at least one of the multiple microphones comprises an omnidirectional, unidirectional, or bidirectional microphone that is based on the sensing an incident sound-based motion of a diaphragm or a ribbon, or wherein at least one of the multiple microphones comprises a condenser, an electret, a dynamic, a ribbon, a carbon, or a piezoelectric microphone. The multi-microphone array and DOA processing of Rhoads, as applied to user/environmental context isolation, improves on the single microphone of Ansari/Alfred by enabling the client device to spatially isolate the user’s spoken commands and filter out background noise, such as televisions or other conversations, providing the predictable result of more robust, error-resistant voice control interface for the home automation network, as understood in light of the disclosure of Rhoads. (Rhoads, ¶ [0749]-[0751]).
Claims 20 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ansari and Alfred as applied to claim 17 and 18 above, and further in view of Ebrom (U.S. Pat. App. Pub. No. 2008/0125911, hereinafter Ebrom).
Regarding claim 20, the rejection of claim 18 is incorporated. Ansari and Alfred disclose all of the elements of the current invention as stated above. However, Ansari and Alfred fail to expressly recite wherein the appliance is a refrigerator, a freezer, a food processor, a dishwasher, a food blender, a beverage maker, a coffeemaker, or an iced-tea maker.
Ebrom teaches “components and accessories for a communicating appliance.” (Ebrom, ¶ [0003]). Regarding claim 23, Ebrom teaches wherein the appliance is a refrigerator, a freezer, a food processor, a dishwasher, a food blender, a beverage maker, a coffeemaker, or an iced-tea maker (Discloses “various components and accessories can communicate with the appliance to expand the capability, functionality, and usability of the appliance... such as a household appliance...[including] clothes washing machines, clothes dryers, ovens, dishwashers, refrigerators, freezers, microwave ovens, trash compactors, and countertop appliances, such as waffle makers, toasters, blenders, mixers, food processors, coffee makers, and the like.”; Ebrom, ¶ [0048]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the home automation gateway of Ansari, as modified by the network based speech recognition system of Alfred to incorporate the teachings of Ebrom to include wherein the appliance is a refrigerator, a freezer, a food processor, a dishwasher, a food blender, a beverage maker, a coffeemaker, or an iced-tea maker. The combination of Alfred and Ansari fail to specifically address the specific kitchen appliances described. The systems and methods for appliance intercommunication described in Ebrom include an “appliance configured to perform an operation cycle to effect a physical operation on an article,” as part of an interconnected home environment, specifically disclosing numerous household appliances which can also be interconnected, where, as applied to the gateway appliance of Ansari allows for coordination among a broader group of devices, which further improves the ability of the system to automate appliance interactions of the user, as understood in light of the disclosure of Ebrom. (Ebrom, ¶ [0140]-[0141]).
Regarding claim 23, the rejection of claim 17 is incorporated. Ansari and Alfred disclose all of the elements of the current invention as stated above. However, Ansari and Alfred fail to expressly recite wherein the primary function of the appliance is associated with cleaning, wherein the appliance primary function is associated with clothes cleaning and the appliance is a washing machine, or wherein the appliance is a vacuum cleaner.
The relevance of Ebrom is described above with relation to claim 20. Regarding claim 23, Ebrom teaches wherein the primary function of the appliance is associated with cleaning, wherein the appliance primary function is associated with clothes cleaning and the appliance is a washing machine, or wherein the appliance is a vacuum cleaner (Discloses “various components and accessories can communicate with the appliance to expand the capability, functionality, and usability of the appliance... such as a household appliance...[including] clothes washing machines, clothes dryers, ovens, dishwashers, refrigerators, freezers, microwave ovens, trash compactors, and countertop appliances, such as waffle makers, toasters, blenders, mixers, food processors, coffee makers, and the like.”; Ebrom, ¶ [0048]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the home automation gateway of Ansari, as modified by the network based speech recognition system of Alfred to incorporate the teachings of Ebrom to include wherein the primary function of the appliance is associated with cleaning, wherein the appliance primary function is associated with clothes cleaning and the appliance is a washing machine, or wherein the appliance is a vacuum cleaner. The combination of Alfred and Ansari fail to specifically address the specific household appliances described. The systems and methods for appliance intercommunication described in Ebrom include an “appliance configured to perform an operation cycle to effect a physical operation on an article,” as part of an interconnected home environment, specifically disclosing numerous household appliances which can also be interconnected, where, as applied to the gateway appliance of Ansari allows for coordination among a broader group of devices, which further improves the ability of the system to automate appliance interactions of the user, as understood in light of the disclosure of Ebrom. (Ebrom, ¶ [0140]-[0141]).
Conclusion
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/Sean E Serraguard/Primary Examiner, Art Unit 2657
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