Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Misnumbered claims 13-20 have been renumbered 12-19.
Claim Rejections - 35 USC § 112
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 6-7 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.
Claim 6 recites the limitation "the computing" in line 4 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Additionally, it is unclear which of the recited device, other computing device, or separate computing device “the computing” is referring to. For the purposes of examination, it will be assumed that “the computing” is referring to the processing by the recited other processing device.
Claim 7 is rejected for its dependence on claim 6.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3, 6, and 8-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Min et al. (U.S. Patent Application Pub. No. 2018/0322881, hereinafter “Min”).
In regard to claim 1, Min discloses a computing device (Fig. 2, 200) comprising:
a microphone (209);
a speaker (206);
a memory storing instructions (203); and
one or more processors operable to execute the instructions (201) to:
cause, independent of any detection of an invocation phrase by the computing device, the speaker to render an audio output that is inaudible to a human and that is audibly detectable by a microphone of another computing device (Fig. 3, devices output inaudible acoustic signals 304, paragraphs [0052-0053]; the inaudible acoustic signals 304 are output before a voice command is received, paragraph [0024]), wherein responsive to the audio output being detected by the microphone of the other computing device, the other computing device limits processing of audio data that is detected by the microphone of the other computing device (other devices that have received the inaudible acoustic signals 304 are released from performing a control operation executed in response to a voice command, paragraphs [0060-0061]);
subsequent to causing the computing device to render the audio output:
identify, by the computing device, an audible input that is detectable by the computing device and the other computing device (a voice command 301 is spoken by a user and received by each of a plurality of electronic devices, paragraphs [0048-0049]); and
cause, by the computing device, an automated assistant to initialize performance of the one or more actions responsive to the audible input (one of the plurality of electronic devices performs the control operation in response to the voice command, paragraphs [0060-0061]).
In regard to claim 3, Min discloses one or more of the processors are further operable to execute the instructions to:
prior to causing the speaker to render the audio output (prior to rendering “the audio output”, i.e. the audio output that releases the other device from performance of one or more actions, device discovery is performed using inaudible audio, paragraph [0056]):
determine that the computing device is in an environment and that the other computing device is also in the environment (devices within a limited distance are discovered, paragraph [0077]),
wherein causing the speaker to render the audio output is based on determining that the other computing device is also in the environment (“the audio output” is subsequently based on the discovered devices, paragraphs [0081-0083]).
In regard to claim 6, Min discloses one or more of the processors are further operable to execute the instructions to:
determine whether the other computing device or a separate computing device is rendering a separate output in furtherance of causing the computing to be unresponsive to audible input (each of the plurality of devices communicate with each other using the inaudible signals to negotiate which device will respond, paragraph [0052]).
In regard to claim 8, Min discloses the processing of the audio data by the other computing device that is limited includes invocation phrase detection processing (trigger phrases are limited by the system, paragraphs [0017-0018]).
In regard to claim 9, Min discloses the processing of the audio data by the other computing device that is limited includes speech to text processing (voice-to-text conversion, paragraph [0033]).
In regard to claim 10, Min discloses the processing of the audio data by the other computing device that is limited includes transmitting the audio data to a remote server (voice-to-text conversion performed with a remote server, paragraph [0033]).
In regard to claim 11, Min discloses the processing of audio data by the other computing device is limited during an entire duration that the audio output is detected at the other computing device (operations are limited until an inaudible communication indicating that the operation has been performed is detected, paragraph [0071]).
In regard to claim 12 (renumbered from claim 13 as filed), Min discloses causing the speaker to render the audio output is based on a time of day (output in response to a request for the time of day, paragraph [0018]).
In regard to claim 13 (renumbered from claim 14 as filed), Min discloses causing the speaker to render the audio output is based on size or occupancy of an environment in which the computing device is located (inaudible sounds are transmitted according to the desired size of the environment, paragraphs [0075-0076]).
In regard to claim 14 (renumbered from claim 15 as filed), Min discloses one or more of the processors are further operable to execute the instructions to:
determine a property of one or more other devices, including the other computing device (hardware capabilities of other devices are determined, paragraph [0066]),
wherein causing the speaker to render the audio output is based on the property (the inaudible signal negotiations are output based on the device hardware capabilities, paragraph [0066]).
In regard to claim 15 (renumbered from claim 16 as filed), Min discloses a computing device (Fig. 2, 200) comprising:
a microphone (209);
a speaker (206);
a memory storing instructions (203); and
one or more processors operable to execute the instructions (201) to:
process data indicating that an audio input is detected via the microphone of the computing device or a microphone of a separate computing device, wherein the audio input is inaudible to humans and is rendered by one or more speakers coupled to an additional computing device (other devices that have received inaudible acoustic signals 304 are released from performing a control operation executed in response to a voice command, paragraphs [0060-0061]);
determine, based on processing the data, that the additional computing device is attempting to suppress responsiveness of an automated assistant that the computing device provides access to (devices output inaudible acoustic signals 304 to disable other devices, paragraphs [0052-0053]); and
responsive to determining that the additional computing device is attempting to suppress responsiveness of the automated assistant:
limit processing, by the computing device, of subsequent audio input detected by the microphone of the computing device (other devices that have received inaudible acoustic signals 304 are released from performing a control operation executed in response to a voice command, paragraphs [0060-0061]).
In regard to claim 16 (renumbered from claim 17 as filed), Min discloses subsequent to determining that the additional computing device is attempting to suppress responsiveness of an automated assistant:
determine whether the additional computing device rendered an output responsive to subsequent audio input detected by the microphone of the computing device (operations are limited until an inaudible communication indicating that the operation has been performed is detected, paragraph [0071]).
In regard to claim 17 (renumbered from claim 18 as filed), Min discloses the subsequent audio input represents a spoken utterance from a user (voice input, paragraph [0060]), and wherein in determining whether the additional computing device responded based on the spoken utterance from the user, the one or more processors are further operable to execute instructions to:
process, by the computing device, additional data that characterizes an indication that the additional computing device received, or responded to, the spoken utterance from the user (operations are limited until an inaudible communication indicating that the operation has been performed is detected, paragraph [0071]).
In regard to claim 18 (renumbered from claim 19 as filed), Min discloses in response to determining the additional computer device has not responded based on the subsequent audio input:
determine that a period of time has elapsed since the subsequent audio input is received by the computing device (if the notification signal that the operation has been performed is not received, paragraph [0099]); and
process, based on determining the period of time has elapsed, the subsequent audio input (a different device performs the operation, paragraph [0099]).
In regard to claim 19 (renumbered from claim 20 as filed), Min discloses in determining whether the additional computing device responded based on the subsequent audio input, one or more of the processors are further operable to execute instructions to:
receive an indication from the additional computing device that the additional computing device has responded or will respond (an inaudible communication indicating that the operation has been performed is detected, paragraph [0071]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Min, in view of Yang (U.S. Patent Application Pub. No. 2017/0345422, hereinafter “Yang”).
In regard to claim 2, Min discloses the other computing devices provide access to the automated assistant or to another automated assistant (paragraph [0101]), but does not specifically disclose causing the speaker to render the audio output is based on determining the other computing device provides access to the automated assistant or another automated assistant.
Yang discloses a computing device that determines that the other computing device provides access to the automated assistant or another automated assistant (a first electronic device determines if another electronic device is a master device, paragraph [0133]),
wherein disabling the other computing device is based on determining the other computing device provides access to the automated assistant or another automated assistant (if the device is a slave to the master device, speech input processing is disabled; otherwise, the device negotiates with the other device to determine whether to disable speech input processing, paragraph [0133]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to cause the speaker to render the audio output based on determining the other computing device provides access to the automated assistant or another automated assistant prior to causing the speaker to render the audio output, because it would allow devices associated with the same automated assistant to be controlled by a master device, as suggested by Yang (paragraph [0129]).
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Min, in view of Shoop et al. (U.S. Patent No. 11,522,619, hereinafter “Shoop”).
In regard to claim 4, Min does not disclose in causing the speaker to render the audio output one or more of the processors are to select, based on a characteristic of the environment, a frequency of a signal and cause the frequency to be embodied by the audio output.
Shoop discloses a system for causing devices to ignore speech commands using inaudible signals, wherein for a plurality of devices within an environment, in causing the speaker to render the audio output one or more of the processors are to select, based on a characteristic of the environment, a frequency of a signal and cause the frequency to be embodied by the audio output (Fig. 3, a first device 315A transmits inaudible signals in response to receiving a voice input, column 7, lines 50-61; the inaudible signals are at different frequencies, specific to the devices within the same environment, column 7, lines 38-49).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select a frequency of a signal and cause the frequency to be embodied by the audio output, because it would allow specific devices or device types to be individually controlled to limit processing of an input signal, thus allowing greater flexibility, as suggested by Shoop (column 7, lines 16-37).
In regard to claim 5, Min does not disclose in causing the speaker to render the audio output one or more of the processors are to select, based on a characteristic of the other computing device, a frequency of a signal or an irregular waveform, and cause the frequency or the irregular waveform to be embodied by the audio output.
Shoop discloses a system for causing devices to ignore speech commands by rendering inaudible output, wherein in causing the speaker to render the audio output one or more of the processors are to select, based on a characteristic of the other computing device, a frequency of a signal or an irregular waveform, and cause the frequency or the irregular waveform to be embodied by the audio output (Fig. 3, a first device 315A transmits inaudible signals in response to receiving a voice input, column 7, lines 50-61; the inaudible signals are at different frequencies, specific to the devices within the same environment, column 7, lines 38-49).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select a frequency of a signal or an irregular waveform, and cause the frequency or the irregular waveform to be embodied by the audio output, because it would allow specific devices or device types to be individually controlled to limit processing of an input signal, thus allowing greater flexibility, as suggested by Shoop (column 7, lines 16-37).
Allowable Subject Matter
Claim 7 is rejected under 35 U.S.C. 112 for its dependence on claim 6. However, if the 35 U.S.C 112 rejections were overcome, claim 7 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Yang discloses determining when the portable computing device or the separate device is determined to be rendering the separate particular output, but does not disclose selecting particular frequencies. Shoop discloses selecting a particular frequency of the signal embodied by the particular output based on the type of electronic device, but does not disclose outputting a different particular frequency under certain conditions. Min, Yang, Shoop, and the additional prior art of record do not disclose or suggest, therefore, selecting a particular frequency of the signal embodied by the particular output, based on determining the portable computing device or the separate device is rendering the separate particular output, wherein the particular frequency is different from the frequency selected when the portable computing device or the separate device is determined to not be rendering the separate particular output, as required by claim 7.
Conclusion
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BLA 3/6/26
/BRIAN L ALBERTALLI/ Primary Examiner, Art Unit 2656