DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
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Claim 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-18 of U.S. Patent No. 12,119,004. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are broader in scope than the patented claims, however they include all but a few limitations including “the text has one or more sizes, each size corresponding to one of one or more volumes of the voice, and the text has one or more colors, each color corresponding to one of one or more emotion types of the voice” In re Karlson, 136 USPQ 184 (1963): “Omission of an element and its function is an obvious expedient if the remaining elements perform the same functions as before”.
12,119,004
18/914,281
1. A system, comprising:
at least one storage device including a set of instructions;
and at least one processor in communication with the at least one storage device, wherein when executing the set of instructions, the at least one processor is configured to cause the system to:
obtain voice audio data, which includes one or more voices, each being respectively associated with one of one or more subjects;
for one of the one or more voices and the subject associated with the voice, generate a text based on the voice audio data, wherein:
the text has one or more sizes, each size corresponding to one of one or more volumes of the voice, and the text has one or more colors, each color corresponding to one of one or more emotion types of the voice;
determine location information of a voice source corresponding to the voice, wherein the location information includes at least one of a location of the voice source relative to a location of one of a plurality of voice collection modules or a distance between the voice source and one of the plurality of voice collection modules;
instruct a display device to display the text based on the location information of the voice source to indicate the location information of the voice source;
determine a first coordinate of the one of the plurality of voice collection modules in a coordinate system;
determine a second coordinate of the voice source in the coordinate system based on the first coordinate and the location information of the voice source;
and instruct the display device to display the text at the second coordinate, the text indicating the location information of the voice source.
1. A system, comprising:
at least one storage device including a set of instructions;
and at least one processor in communication with the at least one storage device, wherein when executing the set of instructions, the at least one processor is configured to cause the system to:
obtain voice audio data, which includes one or more voices, each being respectively associated with one of one or more subjects;
for one of the one or more voices and the subject associated with the voice, generate a text based on the voice audio data,
determine location information of a voice source corresponding to the voice, wherein the location information includes at least one of a location of the voice source relative to a location of one of a plurality of voice collection modules or a distance between the voice source and one of the plurality of voice collection modules;
instruct a display device to display the text based on the location information of the voice source to indicate the location information of the voice source, wherein to instruct a display device to display the text based on the location information of the voice source to indicate the location information of the voice source, the at least one processor is configured to cause the system to:
determine a first coordinate of the one of the plurality of voice collection modules in a coordinate system;
determine a second coordinate of the voice source in the coordinate system based on the first coordinate and the location information of the voice source;
and instruct the display device to display the text at the second coordinate, the text indicating the location information of the voice source.
Claim Rejections - 35 USC § 102
(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) 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goldstein U.S. PAP 2021/0174823 A1.
Regarding claim 19 Goldstein teaches a method implemented on a computing device having at least one processor, at least one storage medium, and a communication platform connected to a network (the present invention is a method for displaying text on augmented reality glasses with a plurality of microphones, see par. [0005]; processor, see par. [0019]), the method comprising:
obtaining voice audio data, which includes one or more voices, each being respectively associated with one of one or more subjects (capturing audible speech into an audio file from the person speaking, see par. [0005]);
and for one of the one or more voices and the subject associated with the voice, generating a text based on the voice audio data (converting said audio file into a text file, see par. [0005]);
determining location information of a voice source corresponding to the voice, wherein the location information includes at least one of a location of the voice source relative to a location of one of a plurality of voice collection modules or a distance between the voice source and one of the plurality of voice collection modules (determining the position and location of the speaker relative to the individual wearing the augmented reality glasses, see par. [0005]);
instructing a display device to display the text based on the location information of the voice source to indicate the location information of the voice source ( if the speaker's position is out of visual range, the text file is displayed with an out of range indicator on the display screen of the augmented reality glasses, and if the speaker's position is within the visual range, the text file is displayed on the screen of the AR glasses adjacent to the position of the speaker on the display screen , see par. [0005]), including:
determining a first coordinate of the one of the plurality of voice collection modules in a coordinate system ( The speaker may be located in any direction relative to the user. Because of positions of the microphones are known, the position of the speaker can be determined, see par. [0030]);
determining a second coordinate of the voice source in the coordinate system based on the first coordinate and the location information of the voice source (calculates the distance and direction from the user to the positional origin of said speech, see par. [0019]);
and instructing the display device to display the text at the second coordinate, the text indicating the location information of the voice source (After the location of each speaker is assigned coordinates, the captioned speech is presented as text on the glasses itself (augmented reality) so that the user can read what is being said by each speaker, because the text itself is preferably placed around the relative position of the speaker, see par. [0022]).
Regarding claim 20 Goldstein teaches a system (the present invention is an augmented reality apparatus for hearing-impaired people, see par. [0006]), comprising:
at least one storage device including a set of instructions; and at least one processor in communication with the at least one storage device, wherein when executing the set of instructions (method of the present invention can be performed by a program resident in a computer readable medium, where the program directs a server or other computer device having a computer platform to perform the steps of the method. The computer readable medium can be the memory of the server, or can be in a connective database, see par. [0034]) , the at least one processor is configured to cause the system to:
obtain voice audio data, which includes one or more voices, each being respectively associated with one of one or more subjects (capturing audible speech into an audio file from the person speaking, see par. [0005]);
for one of the one or more voices and the subject associated with the voice, generate a text based on the voice audio data, determine location information of a voice source corresponding to the voice, wherein the location information includes at least one of a location of the voice source relative to a location of one of a plurality of voice collection modules or a distance between the voice source and one of the plurality of voice collection modules (determining the position and location of the speaker relative to the individual wearing the augmented reality glasses, see par. [0005]);
instruct a display device to display the text based on the location information of the voice source to indicate the location information of the voice source ( if the speaker's position is out of visual range, the text file is displayed with an out of range indicator on the display screen of the augmented reality glasses, and if the speaker's position is within the visual range, the text file is displayed on the screen of the AR glasses adjacent to the position of the speaker on the display screen , see par. [0005]).
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: Independent claim 1 is recites, in relevant part, "A system, comprising: determine location information of a voice source corresponding to the voice, wherein the location information includes at least one of a location of the voice source relative to a location of one of a plurality of voice collection modules or a distance between the voice source and one of the plurality of voice collection modules; instruct a display device to display the text based on the location information of the voice source to indicate the location information of the voice source; determine a first coordinate of the one of the plurality of voice collection modules in a coordinate system; determine a second coordinate of the voice source in the coordinate system based on the first coordinate and the location information of the voice source; and instruct the display device to display the text at the second coordinate, the text indicating the location information of the voice source" . Seroussi, Sun, and Shaw, either alone or in combination, do not disclose the claimed combination including at least the above features; neither do they render obvious the claimed invention. Shaw is directed to a method for displaying a user interface on an electronic device. The method includes presenting a user interface. The user interface includes a coordinate system. The coordinate system corresponds to physical coordinates based on sensor data. According to the disclosure of Shaw, this reference teaches estimating and displaying a DOA (direction of arrival) of the source rather than the location information of the source. Shaw merely discloses a direction of the source; therefore, Shaw does not disclose determining location information of a voice source and instructing a display device to display a text based on the determined location information of the voice source to indicate the location information of the voice source. Seroussi in view of Sun does not teach determine location information of a voice source corresponding to the voice, wherein the location information includes at least one of a location of the voice source relative to a location of one of a plurality of voice collection modules or a distance between the voice source and one of the plurality of voice collection modules; and instruct a display device to display the text based on the location information of the voice source to indicate the location information of the voice source. Therefore, Seroussi, Sun, and Shaw, either alone or in combination, fail to teach, inter alia, "determine location information of a voice source corresponding to the voice, wherein the location information includes at least one of a location of the voice source relative to a location of one of a plurality of voice collection modules or a distance between the voice source and one of the plurality of voice collection modules; instruct a display device to display the text based on the location information of the voice source to indicate the location information of the voice source" as recited in claim 1.
Dependent claims 2-18 further narrow the scope of claim 1 and are therefore allowable for the same reasons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dickins ‘820 teaches knowing the talker's location as a result of zone mapping, to instruct renderer in accordance with the current talker acoustic zone information, so the renderer can change its rendering configuration to use the best loudspeaker(s) for the talker's current acoustic zone, see par. [0857].
Dyonisio ‘319 teaches determining an estimated location of a user in the environment in response to sound uttered by the user, see abstract.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Ortiz-Sanchez whose telephone number is (571)270-3711. The examiner can normally be reached Monday- Friday 9AM-6PM.
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/MICHAEL ORTIZ-SANCHEZ/Primary Examiner, Art Unit 2656
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