DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Action is responsive to the Amendment filed on 5/26/2026. Claims 1, 5, and 7 are pending in the case. Claims 1, 5, and 7 are independent claims.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 5, and 7 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, and 7 of copending Application Number 18/840,512 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because obvious variations of each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding Claims 1, 5, and 7 (drawn to system, method, and CRM):
Instant Application 18/840504
Claims 1, 5, and 7 (drawn to a system, a method, and a CRM):
a system comprising:
one or more processors; and
one or more storage devices storing instructions that, when executed by the one or more processors, cause the one or more processors to perform operations comprising:
obtaining first multimodal data of speakers in conversations, wherein the first multimodal data includes one or more utterances, expressions, and actions of each speaker;
obtaining second multimodal data of listeners in the conversations, wherein the second multimodal data includes one or more backchannel responses, expressions, and actions of each listener;
training, using the first and second multimodal data, a model that is configured to generate a combination of a backchannel response, an expression, and action from a combination of one or more utterances, expressions, and actions;
receiving new multimodal data of a user of a conversation system, wherein the new multimodal data includes one or more utterances, expressions, and actions of the user; and one or more storage devices storing instructions that, when executed by the one or more processors, cause the one or more processors to perform operations
comprising:
generating, by applying the trained model to the new multimodal data, a combination of a backchannel response, an expression, and an action to be used by the conversation system.
Co-Pending Application 18/840512
Claims 1, 5, and 17 drawn to a deivice, a method, and a CRM):
A learning device comprising:
processing circuitry configured to:
obtain first multimodal data of utterances, wherein the first multimodal data includes one or more expressions, actions, and voices of speakers;
obtain second multimodal data of backchannel responses, wherein the second multimodal data includes one or more expressions, actions, and voices of listeners;
obtain classification data including classification labels associated with the backchannel responses, wherein each classification label indicates one of (i) a positive response, (ii) a neutral response, (iii) a non-positive response, (iv) an emotional word, (v) a confirmation, (vi) a repetition of a speaker's utterance, (vii) a response providing a topic, and (viii) a summarization or paraphrase of a speaker's utterance; and
train, using the first multimodal data, the second multimodal data, and the classification data, a model, wherein the first and second multimodal data are used as training input, and the classification data is used as training output.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Jang et al. US 20230069655 A1
Nose et al. US 20230386508 A1
Reece et al. (US 20210264921 A1, hereinafter Reece)
Mei et al. US 20230004823 A1
Kobayashi et al. US 20210004543 A1
Abe et al. US 20200233908 A1
Kawahara et al. US 20180068660 A1
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHELET SHIBEROU whose telephone number is (571)270-7493. The examiner can normally be reached Monday-Friday 9:00 AM-5:00 PM Eastern Time.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kieu Vu can be reached at 571-272-4057. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAHELET SHIBEROU/Primary Examiner, Art Unit 2171
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