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
1. 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
2. Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,149,897 in view of Fadell et al. (US Patent 10,013,999). Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the U.S Patent 9,942,678 with obvious wording variations. When claims in the pending application are broader than the ones in the patent, the broad claims in the pending application are rejected under obviousness type double patenting over previously patented narrow claims, In re Van Ornum and Stang, 214 USPQ 761. Also, omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before. In re KARLSON (CCPA) 136 USPA 184 (1963).
U.S. Patent Application 18/948,868
U.S. Patent 12,149,897
1.A playback device comprising:
a network interface;
at least one or more microphones;
at least one or more audio transducers;
at least one processor;
1.A network microphone device comprising:
a network interface;
one or more microphones;
one or more audio transducers;
at least one or more processors;
a housing carrying at least the network interface, the at least one microphone, and the at least one audio transducers, and at least one non-transitory computer-readable medium comprising program instructions that are executable by the at least one processor such that the network microphone device is configured to:
a housing carrying at least the network interface, the one or more microphones, and the one or more audio transducers, and at least one non-transitory computer-readable medium comprising program instructions that are executable by the one or more processors such that the network microphone device is configured to:
play back first audio content according to a first equalization in a listening environment via the at least one audio transducer, wherein the first equalization is configured with first parameters;
while at least one play back is playing back first audio in a given environment:
monitor for presence of speech in the listening environment;
record, via the one or more microphones, audio into a buffer;
during playback of the first audio content, monitor a signal-to-noise ratio between speech in the listening environment and playback of the first audio content;
detect, within the recorded audio, a wake word to invoke a voice assistant;
when (1) the presence of speech is detected and (2) the signal-to-noise ratio is below a speech threshold, switch from the first equalization to a second equalization, wherein the second equalization is configured with second parameters that, relative to the first parameters of the first equalization, enhance speech in the listening environment;
in response to detection of the wake word: (i) cause, via the network interface, the at least one playback device to duck a first portion of the first audio while recording, into the buffer, audio representing a voice input to the voice assistant and (ii) send, to the voice assistant, the recorded audio in the buffer representing the voice input to the voice assistant; and
play back second audio content according to the second equalization in the listening environment via the at least one audio transducer; and
receive, from the voice assistant in response to the voice input, second audio representing a spoken response to the voice input; and
when either speech is not detected in the listening environment or the signal-to-noise ratio is above the speech threshold, switch from the second equalization to the first equalization.
in response to receipt of the second audio representing the spoken response to the voice input: (1) cause, via the network interface, the at least one playback device to duck a second portion of the first audio and (2) play back the received second audio via the one or more audio transducers concurrently with playback of the ducked second portion of the first audio by the at least one playback device.
Claim 1 of U.S. Patent No. 12,149,897 does not teach monitor a signal-to-noise ratio between speech in the listening environment; when (1) the presence of speech is detected and (2) the signal-to-noise ratio is below a speech threshold, switch from the first equalization to a second equalization, wherein the second equalization is configured with second parameters that, relative to the first parameters of the first equalization, enhance speech in the listening environment; play back second audio content according to the second equalization in the listening environment via the at least one audio transducer; and when either speech is not detected in the listening environment or the signal-to-noise ratio is above the speech threshold, switch from the second equalization to the first equalization.
Fadell teaches an audio playback device (col. 13, lines 6-11) wherein the required signal-to-noise ratio for user speech may be higher than the required threshold for the wearable device to determine ambient speech. This may allow the wearable device to identify the speech of other persons who are conversing with the user, and continue ducking the audio content accordingly (col. 4, lines 9-15); determine that a signal-to-noise ratio of the first ambient noise is above a threshold ratio, which may indicate that the noise is likely to be speech… detecting any indication of speech in the user's environment may sometimes result in the device 300 ducking the first audio signal in situations where the user would not have done so manually. For instance, the user may be on a crowded train, surrounded by people who may be speaking in fairly close proximity to the user, yet not to the user (col. 13, lines 40-50); the ducking may further be responsive to the determination that the signal-to-noise ratio of the first ambient noise is greater than a threshold ratio, and that the determined user speech has a duration greater than a threshold duration. Additionally, ducking the first audio signal has been discussed in examples thus far as a volume attenuation of the first audio signal, such as music playback. However, ducking of the first audio signal might not be limited to volume attenuation. For instance, ducking the first audio signal may involve pausing playback of the first audio signal (col. 14, lines 50-60); determine that the second ambient noise has a signal-to-noise ratio that is higher than a second threshold that is distinct from the first threshold that was used to determine user speech (col. 15, lines 32-35). For example, a crowded train may be characterized by a second audio signal that includes multiple indications of speech, each with a relatively low signal-to-noise ratio. Accordingly, the device 300 may, when it detects that the user is on the train, require the signal-to-noise ratio of any detected speech to surpass a given threshold before any ducking of the first audio signal is initiated. Conversely, the device 300 detects that the user is at her office, which may generally be a quieter setting. In this situation, the device 300 has a lower threshold for the signal-to-noise ratio of detected speech (col. 16, lines 49-59).
It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Fadell into the teachings of Claim 1 of U.S. Patent No. 12,149,897 for the purpose of improving the user's experience by reducing or eliminating the need to manipulate the volume controls of the device when transitioning between private listening and external interactions.
The examiner also notes that claims 12, 20 of the ‘868 Application respectively corresponds to Claims 11, 20 of the ‘897 patent.
3. Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 9,942,678 in view of Fadell et al. (US Patent 10,013,999). Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the U.S Patent 9,942,678 with obvious wording variations. When claims in the pending application are broader than the ones in the patent, the broad claims in the pending application are rejected under obviousness type double patenting over previously patented narrow claims, In re Van Ornum and Stang, 214 USPQ 761. Also, omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before. In re KARLSON (CCPA) 136 USPA 184 (1963).
U.S. Patent Application 18/948868
U.S. Patent 9,942,678
1.A playback device comprising:
a network interface;
at least one or more microphones;
at least one or more audio transducers;
at least one processor;
A playback device comprising:
a network interface;
one or more microphones;
an audio stage comprising an amplifier;
one or more speakers;
one or more processors;
a housing carrying at least the network interface, the at least one microphone, and the at least one audio transducers, and at least one non-transitory computer-readable medium comprising program instructions that are executable by the at least one processor such that the network microphone device is configured to:
a housing, the housing carrying at least the network interface, the one or more microphones, the audio stage, the one or more speakers, the one or more processors, and computer readable media having stored therein instructions executable by the one or more processors to cause the playback device to perform operations comprising:
play back first audio content according to a first equalization in a listening environment via the at least one audio transducer, wherein the first equalization is configured with first parameters;
while playing back first audio in a given environment at a given loudness via the audio stage and the one or more speakers:
monitor for presence of speech in the listening environment;
capturing, via the one or more microphones, a voice input;
during playback of the first audio content, monitor a signal-to-noise ratio between speech in the listening environment and playback of the first audio content;
determining that the captured voice input incudes audio data representing a wake word to invoke a voice assistant service;
when (1) the presence of speech is detected and (2) the signal-to-noise ratio is below a speech threshold, switch from the first equalization to a second equalization, wherein the second equalization is configured with second parameters that, relative to the first parameters of the first equalization, enhance speech in the listening environment;
in response to determining that the captured voice input includes audio data representing the wake word to invoke the voice assistant service: sending, via the network interface to one or more servers of the voice assistant service, the voice input and determining a loudness of background noise in the given environment, wherein the background noise comprises ambient noise in the given environment;
play back second audio content according to the second equalization in the listening environment via the at least one audio transducer; and
after determining the loudness of background noise, receiving, via the network interface from the one or more servers of the voice assistant service in response to the voice input, second audio data representing a spoken response to the voice input;
when either speech is not detected in the listening environment or the signal-to-noise ratio is above the speech threshold, switch from the second equalization to the first equalization.
in response to receiving the second audio data representing the spoken response to the voice input, ducking the first audio in proportion to a difference between the given loudness of the first audio and the determined loudness of the background noise; and
playing back the ducked first audio concurrently with the second audio representing the spoken response to the voice input via the audio stage and the one or more speakers.
Claim 1 of U.S. Patent No. 9,942,678 does not teach monitor a signal-to-noise ratio between speech in the listening environment; when (1) the presence of speech is detected and (2) the signal-to-noise ratio is below a speech threshold, switch from the first equalization to a second equalization, wherein the second equalization is configured with second parameters that, relative to the first parameters of the first equalization, enhance speech in the listening environment; play back second audio content according to the second equalization in the listening environment via the at least one audio transducer; and when either speech is not detected in the listening environment or the signal-to-noise ratio is above the speech threshold, switch from the second equalization to the first equalization.
Fadell teaches an audio playback device (col. 13, lines 6-11) wherein the required signal-to-noise ratio for user speech may be higher than the required threshold for the wearable device to determine ambient speech. This may allow the wearable device to identify the speech of other persons who are conversing with the user, and continue ducking the audio content accordingly (col. 4, lines 9-15); determine that a signal-to-noise ratio of the first ambient noise is above a threshold ratio, which may indicate that the noise is likely to be speech… detecting any indication of speech in the user's environment may sometimes result in the device 300 ducking the first audio signal in situations where the user would not have done so manually. For instance, the user may be on a crowded train, surrounded by people who may be speaking in fairly close proximity to the user, yet not to the user (col. 13, lines 40-50); the ducking may further be responsive to the determination that the signal-to-noise ratio of the first ambient noise is greater than a threshold ratio, and that the determined user speech has a duration greater than a threshold duration. Additionally, ducking the first audio signal has been discussed in examples thus far as a volume attenuation of the first audio signal, such as music playback. However, ducking of the first audio signal might not be limited to volume attenuation. For instance, ducking the first audio signal may involve pausing playback of the first audio signal (col. 14, lines 50-60); determine that the second ambient noise has a signal-to-noise ratio that is higher than a second threshold that is distinct from the first threshold that was used to determine user speech (col. 15, lines 32-35). For example, a crowded train may be characterized by a second audio signal that includes multiple indications of speech, each with a relatively low signal-to-noise ratio. Accordingly, the device 300 may, when it detects that the user is on the train, require the signal-to-noise ratio of any detected speech to surpass a given threshold before any ducking of the first audio signal is initiated. Conversely, the device 300 detects that the user is at her office, which may generally be a quieter setting. In this situation, the device 300 has a lower threshold for the signal-to-noise ratio of detected speech (col. 16, lines 49-59).
It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Fadell into the teachings of Claim 1 of U.S. Patent No. 9,942,678 for the purpose of improving the user's experience by reducing or eliminating the need to manipulate the volume controls of the device when transitioning between private listening and external interactions.
The examiner also notes that claims 12, 20 of the ‘868 Application respectively corresponds to Claims 11, 17 of the ‘678 patent.
3. Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,582,322. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the U.S Patent 10,582,322 with obvious wording variations. When claims in the pending application are broader than the ones in the patent, the broad claims in the pending application are rejected under obviousness type double patenting over previously patented narrow claims, In re Van Ornum and Stang, 214 USPQ 761. Also, omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before. In re KARLSON (CCPA) 136 USPA 184 (1963).
U.S. Patent Application 18/948,868
U.S. Patent 10,582,322
1.A playback device comprising:
a network interface;
at least one or more microphones;
at least one or more audio transducers;
at least one processor;
A playback device comprising:
a network interface;
one or more microphones;
an audio stage comprising an amplifier;
one or more speakers;
one or more processors;
a housing carrying at least the network interface, the at least one microphone, and the at least one audio transducers, and at least one non-transitory computer-readable medium comprising program instructions that are executable by the at least one processor such that the network microphone device is configured to:
a housing carrying at least the network interface, the one or more microphones, the audio stage, the one or more speakers, the one or more processors, and a computer-readable media having stored therein instructions executable by the one or more processors to cause the playback device to perform operations comprising:
play back first audio content according to a first equalization in a listening environment via the at least one audio transducer, wherein the first equalization is configured with first parameters;
while playing back first audio in a given environment at a given loudness via the audio stage and the one or more speakers:
monitor for presence of speech in the listening environment;
recording, via the one or more microphones, audio into a buffer;
during playback of the first audio content, monitor a signal-to-noise ratio between speech in the listening environment and playback of the first audio content;
detecting, within the recorded audio, a wake word to invoke a voice assistant;
when (1) the presence of speech is detected and (2) the signal-to-noise ratio is below a speech threshold, switch from the first equalization to a second equalization, wherein the second equalization is configured with second parameters that, relative to the first parameters of the first equalization, enhance speech in the listening environment;
in response to detecting the wake word: ducking a first audio while recording, into the buffer, audio representing a voice input to the voice assistant service and sending, via the network interface to one or more servers of the voice assistant service, the recorded audio in the buffer representing the voice input to the voice assistant service
play back second audio content according to the second equalization in the listening environment via the at least one audio transducer; and
receiving, via the network interface from the one or more servers of the voice service in response to the voice input, second audio representing a spoken response to the voice input; and
when either speech is not detected in the listening environment or the signal-to-noise ratio is above the speech threshold, switch from the second equalization to the first equalization.
in response to receiving the second audio representing the spoken to the voice input ducking the first audio while playing back the ducked first audio concurrently with the second audio representing the spoken response to the vice input via the audio stage and the one or more speakers.
Claim 1 of U.S. Patent No. 10,582,322 does not teach monitor a signal-to-noise ratio between speech in the listening environment; when (1) the presence of speech is detected and (2) the signal-to-noise ratio is below a speech threshold, switch from the first equalization to a second equalization, wherein the second equalization is configured with second parameters that, relative to the first parameters of the first equalization, enhance speech in the listening environment; play back second audio content according to the second equalization in the listening environment via the at least one audio transducer; and when either speech is not detected in the listening environment or the signal-to-noise ratio is above the speech threshold, switch from the second equalization to the first equalization.
Fadell teaches an audio playback device (col. 13, lines 6-11) wherein the required signal-to-noise ratio for user speech may be higher than the required threshold for the wearable device to determine ambient speech. This may allow the wearable device to identify the speech of other persons who are conversing with the user, and continue ducking the audio content accordingly (col. 4, lines 9-15); determine that a signal-to-noise ratio of the first ambient noise is above a threshold ratio, which may indicate that the noise is likely to be speech… detecting any indication of speech in the user's environment may sometimes result in the device 300 ducking the first audio signal in situations where the user would not have done so manually. For instance, the user may be on a crowded train, surrounded by people who may be speaking in fairly close proximity to the user, yet not to the user (col. 13, lines 40-50); the ducking may further be responsive to the determination that the signal-to-noise ratio of the first ambient noise is greater than a threshold ratio, and that the determined user speech has a duration greater than a threshold duration. Additionally, ducking the first audio signal has been discussed in examples thus far as a volume attenuation of the first audio signal, such as music playback. However, ducking of the first audio signal might not be limited to volume attenuation. For instance, ducking the first audio signal may involve pausing playback of the first audio signal (col. 14, lines 50-60); determine that the second ambient noise has a signal-to-noise ratio that is higher than a second threshold that is distinct from the first threshold that was used to determine user speech (col. 15, lines 32-35). For example, a crowded train may be characterized by a second audio signal that includes multiple indications of speech, each with a relatively low signal-to-noise ratio. Accordingly, the device 300 may, when it detects that the user is on the train, require the signal-to-noise ratio of any detected speech to surpass a given threshold before any ducking of the first audio signal is initiated. Conversely, the device 300 detects that the user is at her office, which may generally be a quieter setting. In this situation, the device 300 has a lower threshold for the signal-to-noise ratio of detected speech (col. 16, lines 49-59).
It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Fadell into the teachings of Claim 1 of U.S. Patent No. 10,582,322 for the purpose of improving the user's experience by reducing or eliminating the need to manipulate the volume controls of the device when transitioning between private listening and external interactions.
The examiner notes that claims 12, 20 of the ‘868 Application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 13, 18 of U.S. Patent No. 10,582,322, respectively.
4. Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,641,559. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the U.S Patent 11,641,559 with obvious wording variations. When claims in the pending application are broader than the ones in the patent, the broad claims in the pending application are rejected under obviousness type double patenting over previously patented narrow claims, In re Van Ornum and Stang, 214 USPQ 761. Also, omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before. In re KARLSON (CCPA) 136 USPA 184 (1963).
U.S. Patent Application 18/948,868
U.S. Patent 11,641,559
1.A playback device comprising:
a network interface;
at least one or more microphones;
at least one or more audio transducers;
at least one processor;
1.A playback device comprising:
a network interface;
one or more microphones;
an audio stage comprising an amplifier;
one or more speakers;
one or more processors;
a housing carrying at least the network interface, the at least one microphone, and the at least one audio transducers, and at least one non-transitory computer-readable medium comprising program instructions that are executable by the at least one processor such that the network microphone device is configured to:
a housing, the housing carrying at least the network interface, the one or more microphones, the audio stage, the one or more speakers, the one or more processors, and data storage having stored therein instructions executable by the one or more processors to cause the playback device to perform functions comprising:
play back first audio content according to a first equalization in a listening environment via the at least one audio transducer, wherein the first equalization is configured with first parameters;
while playing back first audio in a given environment at a given loudness via the audio stage and the one or more speakers:
monitor for presence of speech in the listening environment;
recording, via the one or more microphones, audio into a buffer;
during playback of the first audio content, monitor a signal-to-noise ratio between speech in the listening environment and playback of the first audio content;
detecting, within the recorded audio, a wake word to invoke a voice assistant;
when (1) the presence of speech is detected and (2) the signal-to-noise ratio is below a speech threshold, switch from the first equalization to a second equalization, wherein the second equalization is configured with second parameters that, relative to the first parameters of the first equalization, enhance speech in the listening environment;
in response to detecting the wake word: ducking the first audio while recording, into the buffer, audio representing a voice input to the voice assistant and sending, to the voice assistant, the recorded audio in the buffer representing the voice input to the voice assistant;
play back second audio content according to the second equalization in the listening environment via the at least one audio transducer; and
receiving, from the voice assistant in response to the voice input, second audio representing a spoken response to the voice input; and
when either speech is not detected in the listening environment or the signal-to-noise ratio is above the speech threshold, switch from the second equalization to the first equalization.
in response to receiving the second audio data representing the spoken response to the voice input, ducking the first audio while playing back the ducked first audio concurrently with the second audio representing the spoken response to the voice input via the audio stage and the one or more speakers, wherein playing back the ducked first audio concurrently with the second audio comprises filtering the first audio, and wherein filtering the first audio comprises cutting the first audio in a frequency range corresponding to human speech.
Claim 1 of U.S. Patent No. 11,641,559 does not teach monitor a signal-to-noise ratio between speech in the listening environment; when (1) the presence of speech is detected and (2) the signal-to-noise ratio is below a speech threshold, switch from the first equalization to a second equalization, wherein the second equalization is configured with second parameters that, relative to the first parameters of the first equalization, enhance speech in the listening environment; play back second audio content according to the second equalization in the listening environment via the at least one audio transducer; and when either speech is not detected in the listening environment or the signal-to-noise ratio is above the speech threshold, switch from the second equalization to the first equalization.
Fadell teaches an audio playback device (col. 13, lines 6-11) wherein the required signal-to-noise ratio for user speech may be higher than the required threshold for the wearable device to determine ambient speech. This may allow the wearable device to identify the speech of other persons who are conversing with the user, and continue ducking the audio content accordingly (col. 4, lines 9-15); determine that a signal-to-noise ratio of the first ambient noise is above a threshold ratio, which may indicate that the noise is likely to be speech… detecting any indication of speech in the user's environment may sometimes result in the device 300 ducking the first audio signal in situations where the user would not have done so manually. For instance, the user may be on a crowded train, surrounded by people who may be speaking in fairly close proximity to the user, yet not to the user (col. 13, lines 40-50); the ducking may further be responsive to the determination that the signal-to-noise ratio of the first ambient noise is greater than a threshold ratio, and that the determined user speech has a duration greater than a threshold duration. Additionally, ducking the first audio signal has been discussed in examples thus far as a volume attenuation of the first audio signal, such as music playback. However, ducking of the first audio signal might not be limited to volume attenuation. For instance, ducking the first audio signal may involve pausing playback of the first audio signal (col. 14, lines 50-60); determine that the second ambient noise has a signal-to-noise ratio that is higher than a second threshold that is distinct from the first threshold that was used to determine user speech (col. 15, lines 32-35). For example, a crowded train may be characterized by a second audio signal that includes multiple indications of speech, each with a relatively low signal-to-noise ratio. Accordingly, the device 300 may, when it detects that the user is on the train, require the signal-to-noise ratio of any detected speech to surpass a given threshold before any ducking of the first audio signal is initiated. Conversely, the device 300 detects that the user is at her office, which may generally be a quieter setting. In this situation, the device 300 has a lower threshold for the signal-to-noise ratio of detected speech (col. 16, lines 49-59).
It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Fadell into the teachings of Claim 1 of U.S. Patent No. 11,641,559 for the purpose of improving the user's experience by reducing or eliminating the need to manipulate the volume controls of the device when transitioning between private listening and external interactions.
The examiner also notes that claims 12, 20 of the ‘868 Application respectively corresponds to Claims 14, 20 of the ‘559 Application.
Allowable Subject Matter
5. The following is a statement of reasons for the indication of allowable subject matter:
Fadell (US 10,013,999) teaches voice-based real time audio attenuation generally relates to a wearable device that may, while playing back audio content, automatically recognize when a user is engaging in a conversation, and then duck the audio content playback accordingly, in real-time. This may improve the user's experience by reducing or eliminating the need to manipulate the volume controls of the device when transitioning between private listening and external interactions (col. 13, lines 6-11) wherein the required signal-to-noise ratio for user speech may be higher than the required threshold for the wearable device to determine ambient speech. This may allow the wearable device to identify the speech of other persons who are conversing with the user, and continue ducking the audio content accordingly (col. 4, lines 9-15); determine that a signal-to-noise ratio of the first ambient noise is above a threshold ratio, which may indicate that the noise is likely to be speech… detecting any indication of speech in the user's environment may sometimes result in the device 300 ducking the first audio signal in situations where the user would not have done so manually. For instance, the user may be on a crowded train, surrounded by people who may be speaking in fairly close proximity to the user, yet not to the user (col. 13, lines 40-50).
Daley (2018/0018965) teaches a system includes a microphone providing input to a voice user interface a special phrase referred to as a wake word to activate the speech recognition features of the Voice user interface; the system continue to listen to wake words and if it hears one through the noise it will respond by reducing volume and priming the voice user interface to receiver further input.
Naik (US Patent 8,428,758) teaches dynamic audio ducking techniques provided that applied where multiple audio streams such as a primary audio stream and a secondary audio stream are being played back simultaneously.
As to claims 1, 12, and 20, prior arts or record fail to teach, or render obvious, alone or in combination a network microphone device, a system, and a method to be performed by a network microphone device comprising a network interface, one or more microphones and one or more audio transducers, comprising the claims components, relationships, and functionalities as specifically recited in the claims.
6. Claims 1-20 would be allowable if terminal disclaimer(s) filed to overcome the double patenting rejection(s), set forth in this Office action.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUYNH H NGUYEN whose telephone number is (571)272-7489. The examiner can normally be reached Monday-Friday 7AM-3PM.
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/QUYNH H NGUYEN/Primary Examiner, Art Unit 2693
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