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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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,154,569. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the present application define an invention that is merely an obvious variation of the invention claimed in the patent for the following reasons. Comparing the claims, such as claims 1 of the present application and the patent, it is clear that all the elements of the claim 1 are found in claim 1 of the patent. The difference is claim 1 of the patent comprise additional limitations including, “monitor the recorded audio for at least one keyword; when the at least one keyword is detected in the recorded audio, process a voice input within a portion of the recorded audio comprising the at least one keyword, wherein the program instructions that are executable by the at least one processor such that the system is configured to process the voice input comprise program instructions that are executable by the at least one processor such that the system is configured to: (i) determine that the voice input comprises at least one smart home command for a particular device type, wherein the voice input excludes keywords corresponding to the respective room names; and (ii) determine that keywords representing target variables indicating one or more particular nodes of the data structure are not recognized in the voice input”, therefore represents a species of the generic invention of the application claims. Since it has been held that the generic invention is anticipated by the species, claims 1-20 of the present application are anticipated by the parent claims 1-20 of the patent.
The dependent claims do not introduce additional limitation or element that is not anticipated by the patent.
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1.A playback device comprising: a network interface; at least one processor; and at least one non-transitory computer-readable medium comprising program instructions that are executable by the at least one processor such that the playback device is configured to: access a data structure comprising nodes in a hierarchy representing interconnected devices, wherein the data structure comprises (i) a root node representing a system of devices, (ii) one or more first nodes in a first level, the one or more first nodes representing respective one or more devices in the system, and (iii) one or more second nodes in a second level as parents to one or more of the one or more first nodes, the one or more second nodes representing respective areas associated with the system, wherein each area of the system comprises at least one device, and wherein the playback device is configured into a first area of the system, the playback device represented by a first node of the one or more first nodes and the first area represented by a second node in the one or more second nodes in the data structure, wherein the second node representing the first area is a parent node to the first node representing the playback device; receive, by the playback device, data corresponding to a command, wherein the command does not specify any area of the system; determine, based on the data structure: (i) that the playback device is in the first area of the system, and (ii) that the first area of the system includes at least one first device suitable to carry out the command, wherein a second area of the system includes at least one second device also suitable to carry out the command; and cause, via the network interface, the at least one first device to carry out the command without causing the at least one second device to carry out the command.
A system comprising: a network microphone device (NMD) comprising a microphone array; a network interface; at least one processor; and at least one non-transitory computer-readable medium comprising program instructions that are executable by the at least one processor such that the system is configured to:
store a data structure comprising nodes in a hierarchy representing interconnected devices, wherein the data structure comprises (i) a root node representing a structure, (ii) one or more first nodes in a first level, the first nodes representing respective devices and (iii) one or more second nodes in a second level as parents to one or more respective child first nodes, the second nodes representing respective rooms of the structure, wherein the rooms are labeled with respective room names;
record, via the microphone array of the NMD, audio into a buffer, wherein the NMD is configured into a first room of the structure in the stored data structure;
monitor the recorded audio for at least one keyword; when the at least one keyword is detected in the recorded audio, process a voice input within a portion of the recorded audio comprising the at least one keyword, wherein the program instructions that are executable by the at least one processor such that the system is configured
to process the voice input comprise program instructions that are executable by the at least one processor such that the system is configured to: (i) determine that the voice input comprises at least one smart home command for a particular device type, wherein the voice input excludes keywords corresponding to the respective room names;
and (ii) determine that keywords representing target variables indicating one or more particular nodes of the data structure are not recognized in the voice input; and (iii) determine, based on the stored data structure, that the first room of the structure includes at least one first smart home device of the particular device type, wherein a second room of the structure includes a second smart home device of the particular device type; and cause, via the network interface, the at least one first smart home device to carry out the at least one smart home command.
Examiner’s Note
Examiner has cited particular columns and line numbers or figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to
fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 3-7, 10-12, 14-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gossain et al. (US 2017/0192739).
As to claim 1, Gossain teaches (Figs.1-5) a playback device 200 comprising: a network interface 214; at least one processor; and at least one non-transitory computer-readable medium comprising program instructions that are executable by the at least one processor such that the playback device is configured to: access a data structure (networked playback devices Figs.1, 5A-B) comprising nodes/zones/groups in a hierarchy representing interconnected devices, wherein the data structure comprises (i) a root node (control/network devices 126, 128 or group coordinator) representing a system of devices, (ii) one or more first nodes (first playback zones or groups) in a first level, the one or more first nodes representing respective one or more devices 102-114 in the system, and (iii) one or more second nodes (second playback zones or groups) in a second level as parents to one or more of the one or more first nodes, the one or more second nodes representing respective areas associated with the system (Pars.47, 88-89), wherein each area of the system comprises at least one device, and wherein the playback device is configured into a first area of the system, the playback device represented by a first node of the one or more first nodes and the first area represented by a second node in the one or more second nodes in the data structure, wherein the second node representing the first area is a parent node to the first node representing the playback device; receive, by the playback device, data corresponding to a command, wherein the command does not specify any area of the system; determine, based on the data structure: (i) that the playback device is in the first area of the system, and (ii) that the first area of the system includes at least one first device suitable to carry out the command, wherein a second area of the system includes at least one second device also suitable to carry out the command; and cause, via the network interface, the at least one first device to carry out the command without causing the at least one second device to carry out the command (Abstract; Pars.37, 66, 109-113).
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As to claim 3, Gossain teaches the playback device is configured to receive the data corresponding to the command comprise program instructions that are executable by the at least one processor such that the playback device is configured to: receive the data corresponding to the command via the network interface 214 (Pars.37, 52-53, 66).
As to claim 4, Gossain teaches wherein the playback device is configured to receive the data corresponding to the command comprise program instructions that are executable by the at least one processor such that the playback device is configured to: receive an input via a user interface of the playback device (Fig.4, Pars.66, 99).
As to claims 5-6, the step of receiving a second command and data corresponding to the second command and causing only the second device to carry out the command is taught by Gossani (Abstract;Pars.37, 75).
As to claim 7, Gossani teaches wherein each area of the system is associated with a respective area identifier, and wherein the playback device is configured to: receive second data corresponding to a second command, wherein the second command identifies the first area and the second area of the system; determine, based on the data structure, that the first area of the system includes the at least one first device and that the second area of the system includes the at least one second device; and cause, via the network interface, the at least one first device and the at least one second device to carry out the second command (Pars.20, 47, 54, 58-62).
As to claims 10-11, Gossani teaches wherein the at least one first device suitable to carry out the command comprises the playback device and a playback device groups each comprising a plurality of playback devices in a zone (Figs.1, 5).
Regarding claims 12, 14-18 and 20, the corresponding method and instructions comprising the steps similar to the steps addressed above are analogous therefore rejected as being anticipated by Gossani et al. for the foregoing reasons.
Claim Rejections - 35 USC § 103
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.
Claim(s) 2, 8-9, 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Gossain et al. (US 2017/0192739) as applied above and in view of Jarvis et al. (WO 2017/147081)
As to claims 2 and 13, Gossain doesn’t explicitly teach wherein the input corresponding to the command is received via the microphone.
However, Jarvis teaches a method, comprising network microphone device database, a plurality groups of playback zones/regions and a plurality of playback devices, for selectively playback of audio content at a selected one of the playback device based on the user voice command wherein the user voice command is received via a microphone (Abstract; FIG.1-5, 14; Pars.23-25, 52-53, 123).
The combination of the analogous teachings would be obvious to one of ordinary skill in the art before the time of applicant’s invention for the purpose of providing the user the convenience to use voice command.
As to claims 8 and 19, Jarvis teaches wherein the data corresponding to the command indicates a particular device type (Pars.170-171, 183-187, 191).
As to claim 9, Jarvis teaches wherein the program instructions that are executable by the at least one processor such that the playback device is configured to determine that the first area of the system includes the at least one first device suitable to carry out the command comprise program instructions that are executable by the at least one processor such that the playback device is configured to: determine that the first area of the system includes at least one first device of the particular device type (Pars.168-172).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL DEMELASH ABEBE whose telephone number is (571)272-7615. The examiner can normally be reached monday-friday 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Washburn can be reached at 571-272-5551. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL ABEBE/Primary Examiner, Art Unit 2657
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