Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
Claims 1-31 are presented for examination.
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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Claims 1-31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-26 of U.S. Patent No. 12192283. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim the same invention but worded slightly differently. A comparison between independent claim 1 of US Patent 12192283 and independent claim 1 of the current application is provided below for an example.
US Patent 12192283
Current Application 18/928051
Claim 1. A method for voice control of a motion actuator and an electric light source in a battery-operated device, the device is configured to configured to communicate with an Internet-connected server via a first wireless network, the method comprising:
producing, by a sensor, sensor data in response to a first physical phenomenon;
capturing, by a microphone in the device, human voice data;
transmitting, by a first transceiver via a first antenna in the device to the server via the first wireless network over the Internet, the captured human voice data;
processing, by a processor in the server, the transmitted captured human voice data;
receiving, by the first transceiver via the first antenna in the device from the server from the first wireless network over the Internet, a second data that is in response to the processing;
causing, by the motion actuator in the device, a linear or rotary motion in response to the received second data and to the sensor data;
emitting, by the electric light source in the device, a visible light for illumination or indication in response to the received second data and to the sensor data;
receiving, by a second transceiver via a second antenna over a second wireless network that is distinct from the first wireless network, a third data;
causing, by the motion actuator in the device, a linear or rotary motion in response to the received third data; and
directly or indirectly affecting, changing, producing, by an actuator, the first physical phenomenon, wherein the first physical phenomenon comprises a temperature, humidity, pressure, audio, vibration, sound, proximity, or flow rate.
Claim 1. A device for voice control for use with first and second wireless networks, the device comprising:
a sensor for producing sensor data in response to a first physical phenomenon;
multiple microphones for capturing human voice data; a first antenna for coupling to the first wireless network;
a first transceiver coupled to the first antenna for transmitting to, and for receiving from, the first wireless network; a second antenna for coupling to the second wireless network;
a second transceiver coupled to the second antenna for transmitting to, and for receiving from, the second wireless network;
a motion actuator for causing a linear or rotary motion in response to a first command; a second actuator for directly or indirectly affecting, changing, producing, the first physical phenomenon, in response to a second command;
an electric light source for emitting a visible light for illumination or indication, in response to a third command; and
a single enclosure for housing the sensor, the multiple microphones, the first and second antennas, the first and second transceivers, the motion actuator, the second actuator, and the electric light source,
wherein the device is configured to send to a server over the first or second wireless network by the first transceiver via the first antenna the captured human voice data and the sensor data, to receive over the first or second wireless network by the first transceiver via the first antenna from the server the first, second, and third commands, and in response to respectively activate or control the motion actuator, the second actuator, and the electric light source.
Claim Objections
Claim 1 is objected to because of the following informalities: “a first physical phenomenon” is not defined as it was done in US Patent 12192283 (last paragraph of the claim 1). Appropriate correction is required.
Claim 1 is objected to because of the following informalities: limitation of “a first transceiver coupled to the first antenna for transmitting to, and for receiving from, the first wireless network” is unclear regarding what is transmitted or received. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: limitation of “a second transceiver coupled to the second antenna for transmitting to, and for receiving from, the second wireless network” is unclear regarding what is transmitted or received. Appropriate correction is required.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-9730144 discloses system and method for mixed-mesh wireless networking.
US-20140074472 discloses a voice control system, more particularly to a voice control system with a portable voice control device for controlling operation of an electrical appliance.
TW-M394648 discloses wireless transmission device wherein a receiving device includes a voice control module for receiving and processing an externally generated sound source, and outputting a trigger signal according to the processing result.
JP-2008228129 discloses a remote control device that recognizes a voice by inputting a voice, wirelessly communicates with a second wireless device carried by a speaker, further wirelessly communicates with a device equipped with the first wireless device, and controls the device,
EP-1079352 discloses a remote voice control system for controlling a television set having a microphone and a transmitter for transmitting words spoken by a user via a second wireless transmission channel to device for controlling device via speech recognition.
KR-20010020875 discloses method and apparatus for controlling voice controlled devices.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SURESH K SURYAWANSHI whose telephone number is (571)272-3668. The examiner can normally be reached M-F 8:00-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth M Lo can be reached at 5712729774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SURESH SURYAWANSHI/Primary Examiner, Art Unit 2116
