Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This communication is in response to the Application No. 18/937,453 filed on 11/5/24. Claims 1 – 20 has been examined.
Claim Objections
3. Claim 10 is objected to because of the following informalities: line 8 states “a the vehicle”. Examiner believes “a” is a typological error and appropriate correction is required.
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claim(s) 1. 8, 13. 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bavitz et al. (US 2014/0128144, Bavitz hereafter).
Regarding claim 1, Bavitz teaches A method of using location-based trivia in a vehicle with mood -responsive capabilities, comprising:
playing one or more location-based trivia questions in the vehicle, based on global positioning system (GPS) coordinates from a GPS receiver (games tailored to dynamically accommodate the travel time; games in which puzzle difficulty is chosen to fit the driver's commute time; games that start and/or end automatically at the beginning/ending of a trip or commute; "points-of-interest" trivia games designed to ask the driver questions about things recently passed, for example, "what was the last fast-food restaurant passed on your left?"; a bingo game in which the driver announces, for example, types of vehicles seen, or highway signs, and in which the driver may look at the final bingo board at the end of the trip; a "scavenger hunt" game in which the driver drives to locations meeting certain criteria, for example, a parking garage on the first floor of a building; "road rally" games, such as one in which the GPS-powered in-vehicle gaming system scores the driver based on adherence to the rules of the road rally; a "safe driving" game in which the driver scores points by exhibiting safe driving behaviors, such as adhering to the speed limit, full stops at stop signs, excessive acceleration/deceleration; a "safe driving" game in which the driver is penalized when committing infractions, paragraph 131);
detecting player names (Fig. 7, name of the players, as Jon, Sara, Carl) and corresponding seat locations of active players in the vehicle using vocal-based active players detection, based on one or more microphones within the vehicle (For example, one or more users in the vehicle may be identified by his or her position in the vehicle, by the way his or her seat is adjusted, by his or her height, by his or her weight, through facial recognition or voice recognition, or through communication with the user's mobile phone, key or smartphone, among other things, paragraph 24); and
based on the detection of players names and their corresponding seat locations, customizing the trivia questions for one or more of the seat locations (once the user is identified, the content customization module 316 further identifies characteristics of the user that may be relevant to game content customization. Such characteristics may include, for example, the user's age or education, the user's interests, or the content that the player owns, such as books, audiobooks, movies, or music, among other things. Thus, in the example of a trivia game, the content customization module 316 may create content for the trivia questions that is drawn from information or themes of content the player owns. In another example, the difficulty level of the content may be adjusted by the content customization module 316 based on the user's characteristics. If, for example, the user answers a number of difficult questions wrong, the questions may be adjusted to be of a type that are generally easier to answer. In this way, the content of the in-vehicle game may be dynamically generated or adjusted by the content customization module 316 based on the identity of the user, paragraph 57).
Regarding claim 8, Bavitz teaches A method of using location-based trivia with mood-responsive capabilities of claim 1, further comprising:
using one or more user travel histories, such that, via a contest manager, uses the user travel histories to determine relative at least some of the trivia questions related to one or more travel destinations, the one or more travel destinations being part of the one or more travel histories (For example, in the instance of an in-vehicle game being played by a driver alone, the transfer control of gameplay state 508 may not be part of the gameplay states 500. Additionally, greater granularity in gameplay may be found within any of the aforementioned states. For example, the modified gameplay state 506 may include various sub-states that modify the gameplay in different ways depending on the types of distractions being experienced by the driver, or other characteristics of the driver. For example, in the instance of a trivia game, the difficulty level of the content of the gameplay may be adjusted based on the user's ability to answer questions; simplifying the game or making the game more difficult; changing the volume of the game; speeding up or slowing down the game pace; shifting game control to another player; excluding a certain player from participating; handing over complex game control to another player; basing player participation or roles on their personal profile or their location in the vehicle; among other things, paragraph 80, 84 - 85).
Regarding claim 13, the system substantially has same limitations as claim 1, thus the same rejection is applicable.
Regarding claim 17, the system substantially has same limitations as claim 8, thus the same rejection is applicable.
Claim Rejections - 35 USC § 103
7. 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.
8. 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.
9. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
10. Claim(s) 2 – 5, 10, 14 – 15, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bavitz et al. (US 2014/0128144, Bavitz hereafter) in further view of KR (US 2022/0130413).
Regarding claim 2, Bavitz further teaches A method of using location-based trivia with mood-responsive capabilities of claim 1, further comprising:
assessing a mood of passengers the active players (among other things, to further determine the user's distraction, sleepiness, and/or attention. Alternatively, the in-vehicle gaming system may use other means to measure the user's attentiveness and/or sleepiness in determining the distraction index. Further, the model and/or type of the vehicle, the user's driving history, the user's experience with the vehicle, the user's eye movements, and the user's sleepiness, as well as other factors listed above, may be considered environmental factors that may influence the calculation of the distraction index and/or modification of the in-vehicle gaming system, paragraph 97; Examiner makes a determination that the attentiveness and/or sleepiness and/or distraction is interpreted as mood); and
basing one or more trivia questions based on the mood assessed of passengers of the active players (the content customization module 316, to calculate a distraction index. The distraction index represents the degree of distraction that the user is experiencing. Such an index is useful, especially in the case of the driver of a vehicle, for changing the state of the gameplay to reduce driver distraction, paragraph 78; please also refer to paragraphs 57 – 60; 73 - 81). However, does not specifically disclose assessing mood by analyzing vocal tone and speech patterns of the active players. (As mentioned above in claim 1 and 2, Bavitz teaches finding attentiveness and/or sleepiness and/or distraction is interpreted as mood by tracking the user's eye position, eye focus, and/or eye movement, among other things; paragraph 97).
In the same field of Endeavor, KR teaches assessing mood by analyzing vocal tone and speech patterns of the active players (Determining the mood of the user may be based on a number of different factors including, but not limited to, one or more of: the content of the user's speech; detected tone of the user's voice; facial expression and body language captured on video of the user (including sign language); tracked user behavior (e.g., including tracked location, online activity, electronic communications, biometric sensor information, calendar items, clock items, and purchases of the user); a detected change in mood or user behavior; input from contacts or friends of the user, paragraph 29).
It would have been obvious to one of the ordinary skilled in the art at the time of the filing to combine the teachings of KR’s assessing mood by using the tone and/or speech pattern of the user(s) with the system of Bavitz. One would be motivated to combine these teachings because it will detect the mood (such as alertness, sleepiness, etc.); which can help decide or customize the game/trivia question(s) which will make the gaming experience more user friendly and/or unique.
Regarding claim 3, Bavitz with KR teaches the method using location-based trivia with mood-responsive capabilities of claim 2, Bavitz further teaches querying the players names of the active players via the one or more microphones at a start of the playing the trivia questions (Fig. 7, shows whether the answer is correct or wrong according to players such as JON SARA and CARL; Alternatively, users may interact with the system through audio, either combined through the vehicle audio system, or individually through, for example, individual headphones and microphones. The in-vehicle gaming system may distinguish between users to receive voice commands or answers from specific users, among other things, paragraph 28, 126).
Regarding claim 4, Bavitz with KR teaches A method of using location-based trivia with mood-responsive capabilities of claim 3, Bavitz further comprising: configuring a number of channels (Fig. 7, shows whether the answer is correct or wrong according to players such as JON SARA and CARL, or interpreted as 3 channels) and a processing chain topology based on a detected number of active the active players and the corresponding seat locations of the active players (theme, the difficulty level, etc., for example Thus, in the example of a trivia game, the content customization module 316 may create content for the trivia questions that is drawn from information or themes of content the player owns. In another example, the difficulty level of the content may be adjusted by the content customization module 316 based on the user's characteristics. If, for example, the user answers a number of difficult questions wrong, the questions may be adjusted to be of a type that are generally easier to answer. In this way, the content of the in-vehicle game may be dynamically generated or adjusted by the content customization module 316 based on the identity of the user, paragraph 57).
Regarding claim 5, Bavitz with KR teaches A method of using location-based trivia with mood-responsive capabilities of claim 4, Bavitz further teaches wherein the GPS further includes retrieving the trivia questions based on a current location, a route, and/or upcoming destinations of the vehicle (games that start and/or end automatically at the beginning/ending of a trip or commute; "points-of-interest" trivia games designed to ask the driver questions about things recently passed, for example, "what was the last fast-food restaurant passed on your left?"; a bingo game in which the driver announces, for example, types of vehicles seen, or highway signs, and in which the driver may look at the final bingo board at the end of the trip; a "scavenger hunt" game in which the driver drives to locations meeting certain criteria, for example, a parking garage on the first floor of a building; "road rally" games, such as one in which the GPS-powered in-vehicle gaming system scores the driver based on adherence to the rules of the road rally, paragraph 131).
Regarding claim 10, A non-transitory computer-readable storage medium, on which is recorded instructions for using location-based trivia with mood-responsive capabilities in a vehicle, wherein execution of the instructions, includes results in:
executing playing location-based trivia questions in the vehicle, based on global positioning system (GPS) coordinates (games tailored to dynamically accommodate the travel time; games in which puzzle difficulty is chosen to fit the driver's commute time; games that start and/or end automatically at the beginning/ending of a trip or commute; "points-of-interest" trivia games designed to ask the driver questions about things recently passed, for example, "what was the last fast-food restaurant passed on your left?"; a bingo game in which the driver announces, for example, types of vehicles seen, or highway signs, and in which the driver may look at the final bingo board at the end of the trip; a "scavenger hunt" game in which the driver drives to locations meeting certain criteria, for example, a parking garage on the first floor of a building; "road rally" games, such as one in which the GPS-powered in-vehicle gaming system scores the driver based on adherence to the rules of the road rally; a "safe driving" game in which the driver scores points by exhibiting safe driving behaviors, such as adhering to the speed limit, full stops at stop signs, excessive acceleration/deceleration; a "safe driving" game in which the driver is penalized when committing infractions, paragraph 131);
executing vocal-based detecting player names (Fig. 7, name of the players, as Jon, Sara, Carl) and corresponding seat locations of active players detection, based on using one or more microphones within the vehicle (For example, one or more users in the vehicle may be identified by his or her position in the vehicle, by the way his or her seat is adjusted, by his or her height, by his or her weight, through facial recognition or voice recognition, or through communication with the user's mobile phone, key or smartphone, among other things, paragraph 24);
based on the detection of players names and their corresponding seat locations, customizing the trivia questions for one or more of the corresponding seat locations (once the user is identified, the content customization module 316 further identifies characteristics of the user that may be relevant to game content customization. Such characteristics may include, for example, the user's age or education, the user's interests, or the content that the player owns, such as books, audiobooks, movies, or music, among other things. Thus, in the example of a trivia game, the content customization module 316 may create content for the trivia questions that is drawn from information or themes of content the player owns. In another example, the difficulty level of the content may be adjusted by the content customization module 316 based on the user's characteristics. If, for example, the user answers a number of difficult questions wrong, the questions may be adjusted to be of a type that are generally easier to answer. In this way, the content of the in-vehicle game may be dynamically generated or adjusted by the content customization module 316 based on the identity of the user, paragraph 57);
assessing a mood of passengers the active players (among other things, to further determine the user's distraction, sleepiness, and/or attention. Alternatively, the in-vehicle gaming system may use other means to measure the user's attentiveness and/or sleepiness in determining the distraction index. Further, the model and/or type of the vehicle, the user's driving history, the user's experience with the vehicle, the user's eye movements, and the user's sleepiness, as well as other factors listed above, may be considered environmental factors that may influence the calculation of the distraction index and/or modification of the in-vehicle gaming system, paragraph 97; Examiner makes a determination that the attentiveness and/or sleepiness and/or distraction is interpreted as mood); and
basing one or more trivia questions based on the mood assessed of passengers of the active players (the content customization module 316, to calculate a distraction index. The distraction index represents the degree of distraction that the user is experiencing. Such an index is useful, especially in the case of the driver of a vehicle, for changing the state of the gameplay to reduce driver distraction, paragraph 78; please also refer to paragraphs 57 – 60; 73 - 81).
configure configuring one or more number of channels ((Fig. 7, shows whether the answer is correct or wrong according to players such as JON SARA and CARL, or interpreted as 3 channels) and processing chain topology based on the detected number of active players and their seat locations (theme, the difficulty level, etc., for example Thus, in the example of a trivia game, the content customization module 316 may create content for the trivia questions that is drawn from information or themes of content the player owns. In another example, the difficulty level of the content may be adjusted by the content customization module 316 based on the user's characteristics. If, for example, the user answers a number of difficult questions wrong, the questions may be adjusted to be of a type that are generally easier to answer. In this way, the content of the in-vehicle game may be dynamically generated or adjusted by the content customization module 316 based on the identity of the user, paragraph 57); and
retrieving the GPS retrieves relevant trivia questions via a GPS receiver based on a current location, a route, and/or upcoming destinations of the vehicle (games that start and/or end automatically at the beginning/ending of a trip or commute; "points-of-interest" trivia games designed to ask the driver questions about things recently passed, for example, "what was the last fast-food restaurant passed on your left?"; a bingo game in which the driver announces, for example, types of vehicles seen, or highway signs, and in which the driver may look at the final bingo board at the end of the trip; a "scavenger hunt" game in which the driver drives to locations meeting certain criteria, for example, a parking garage on the first floor of a building; "road rally" games, such as one in which the GPS-powered in-vehicle gaming system scores the driver based on adherence to the rules of the road rally, paragraph 131).
However, does not specifically disclose assessing mood by analyzing vocal tone and speech patterns of the active players. (As mentioned above in claim 1 and 2, Bavitz teaches finding attentiveness and/or sleepiness and/or distraction is interpreted as mood by tracking the user's eye position, eye focus, and/or eye movement, among other things; paragraph 97).
In the same field of Endeavor, KR teaches assessing mood by analyzing vocal tone and speech patterns of the active players (Determining the mood of the user may be based on a number of different factors including, but not limited to, one or more of: the content of the user's speech; detected tone of the user's voice; facial expression and body language captured on video of the user (including sign language); tracked user behavior (e.g., including tracked location, online activity, electronic communications, biometric sensor information, calendar items, clock items, and purchases of the user); a detected change in mood or user behavior; input from contacts or friends of the user, paragraph 29).
It would have been obvious to one of the ordinary skilled in the art at the time of the filing to combine the teachings of KR’s assessing mood by using the tone and/or speech pattern of the user(s) with the system of Bavitz. One would be motivated to combine these teachings because it will detect the mood (such as alertness, sleepiness, etc.); which can help decide or customize the game/trivia question(s) which will make the gaming experience more user friendly and/or unique.
Regarding claim 14, the system substantially has same limitations as claim 2, thus the same rejection is applicable.
Regarding claim 15, Bavitz further teaches A system of using location-based trivia with mood-responsive capabilities of claim 14, further comprising:
an intelligent agent configured to keeps track of people’s preferences of the players, the preferences including:
biographies;
history (user account information such as profile information or social-graph information (friends and relatives); the user's age or education; the user's work history; the user's interests; the user's language; the user's location; the content that the user owns, has bought, rented, or consumed, such as, for example, books, e-books, audiobooks, movies, and music, paragraph 16); and/or
general knowledge/awareness.
Regarding claim 18, the system substantially has same limitations as claim 5, thus the same rejection is applicable.
11. Claim(s) 6 – 7, 11 – 12, 19 – 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bavitz et al. (US 2014/0128144, Bavitz hereafter) in further view of KR (US 2022/0130413) in further view of Every (US 9,881,632).
Regarding claim 6, Bavitz with KR teaches A method of using location-based trivia with mood-responsive capabilities of claim 5, however, does not specifically teach further comprising: using an audio processing system or acoustic noise reduction system to continuously ensure clear voice capture and accurate response analysis, including using one or more of the following components: acoustic echo cancellation; acoustic noise reduction; acoustic source separation; speech recognition engine; and/or one or more large language models (LLMs).
In the same field of Endeavor, Every teaches using an audio processing system or acoustic noise reduction system to continuously ensure clear voice capture and accurate response analysis (The ICC system of FIG. 2 includes a front/driver microphone 202, two front door loudspeakers 204 A and B and two rear loudspeakers 206 A and B. The ICC system shown within vehicle 100 also includes a device that translates digital data into analog signals (a DAC, 208), a device that converts continuously varying analog signals into digital data (an ADC, 210), an echo and feedback cancellation module 212, an optional noise reduction and residual echo suppression module 214, an optional adaptive gain and equalization module 216, and a signal adder circuit 220 L and R. In bidirectional ICC system operation, one or more rear ICC microphones are used in rear zone 106 B which allows the ICC system to process and render the rear passenger's reinforced signals over the front loudspeakers 204 A and B using the process that reinforces the driver's voice in a front-to-back reinforcement, Fig. 2; estimating the echo paths from each of the plurality of virtual audio sources to the one or more microphones; and processing the captured audio signal in response to the estimated echo paths by subtracting the echo contributions of each of the virtual sources to the one or more microphones, Abstract; active gain and/or equalization), including using one or more of the following components:
acoustic echo cancellation (echo suppression, Fig. 2; corresponding description);
acoustic noise reduction (noise reduction, Fig. 2; corresponding description);
acoustic source separation;
speech recognition engine; and/or
one or more large language models (LLMs).
It would have been obvious to one of the ordinary skilled in the art at the time of the filing to combine the teachings of Every’s active noise gain and/or equalization with the combined system of Bavitz and KR. One would be motivated to combine these teachings because in doing so it can reduce unwanted noise; making the system more user friendly.
Regarding claim 7, Bavitz with KR and Every teaches A method of using location-based trivia with mood-responsive capabilities of claim 6,
Bavitz further comprising: addressing, via one or more contest managers, the active players by the players names and/or tailoring questions and/or tasks based on the specific corresponding seat locations of the active players (For example, in the instance of an in-vehicle game being played by a driver alone, the transfer control of gameplay state 508 may not be part of the gameplay states 500. Additionally, greater granularity in gameplay may be found within any of the aforementioned states. For example, the modified gameplay state 506 may include various sub-states that modify the gameplay in different ways depending on the types of distractions being experienced by the driver, or other characteristics of the driver. For example, in the instance of a trivia game, the difficulty level of the content of the gameplay may be adjusted based on the user's ability to answer questions; simplifying the game or making the game more difficult; changing the volume of the game; speeding up or slowing down the game pace; shifting game control to another player; excluding a certain player from participating; handing over complex game control to another player; basing player participation or roles on their personal profile or their location in the vehicle; among other things, paragraph 80, 84 - 85).
Regarding claim 11, the non-transitory computer-readable storage medium substantially has same limitations as claim 6, thus the same rejection is applicable.
Regarding claim 12, the non-transitory computer-readable storage medium substantially has same limitations as claim 7, thus the same rejection is applicable.
Regarding claim 19, the system substantially has same limitations as claim 7, thus the same rejection is applicable.
Regarding claim 20, the system substantially has same limitations as claim 8, thus the same rejection is applicable.
12. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bavitz et al. (US 2014/0128144, Bavitz hereafter) in further view of Every (US 9,881,632).
Regarding claim 9, Bavitz teaches A method of using location-based trivia with mood-responsive capabilities of claim 5, however, does not specifically teach further comprising: using an audio processing system or acoustic noise reduction system to continuously ensure clear voice capture and accurate response analysis, including using one or more of the following components: acoustic echo cancellation; acoustic noise reduction; acoustic source separation; speech recognition engine; and/or one or more large language models (LLMs).
In the same field of Endeavor, Every teaches using an audio processing system or acoustic noise reduction system to continuously ensure clear voice capture and accurate response analysis (The ICC system of FIG. 2 includes a front/driver microphone 202, two front door loudspeakers 204 A and B and two rear loudspeakers 206 A and B. The ICC system shown within vehicle 100 also includes a device that translates digital data into analog signals (a DAC, 208), a device that converts continuously varying analog signals into digital data (an ADC, 210), an echo and feedback cancellation module 212, an optional noise reduction and residual echo suppression module 214, an optional adaptive gain and equalization module 216, and a signal adder circuit 220 L and R. In bidirectional ICC system operation, one or more rear ICC microphones are used in rear zone 106 B which allows the ICC system to process and render the rear passenger's reinforced signals over the front loudspeakers 204 A and B using the process that reinforces the driver's voice in a front-to-back reinforcement, Fig. 2; estimating the echo paths from each of the plurality of virtual audio sources to the one or more microphones; and processing the captured audio signal in response to the estimated echo paths by subtracting the echo contributions of each of the virtual sources to the one or more microphones, Abstract; active gain and/or equalization), including using one or more of the following components:
acoustic echo cancellation (echo suppression, Fig. 2; corresponding description);
acoustic noise reduction (noise reduction, Fig. 2; corresponding description);
acoustic source separation;
speech recognition engine; and/or
one or more large language models (LLMs).
It would have been obvious to one of the ordinary skilled in the art at the time of the filing to combine the teachings of Every’s active noise gain and/or equalization with the combined system of Bavitz. One would be motivated to combine these teachings because in doing so it can reduce unwanted noise; making the system more user friendly.
Conclusion
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANMAY K SHAH whose telephone number is (571)270-3624. The examiner can normally be reached Mon - Fri - 8:00 - 5:00.
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, Chieh Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TANMAY K. SHAH
Primary Examiner
Art Unit 2632
/TANMAY K SHAH/Primary Examiner, Art Unit 2632
Prosecution Insights