DETAILED ACTION
This Office Action is in response to the correspondence filed by the applicant on 12/2/2024.
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 .
Information Disclosure Statement
The Information Statements (IDS) filed on12/02/2024, 07/17/2025, and 05/01/2026 have been accepted and considered in this office action and are in compliance with the provisions of 37 CFR 1.97.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-18 of US PAT 11,482,215. Although the claims, at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are rejected as being unpatentable over the claims of the US PAT 11,482,215. Please see below for the mapping in the table, where the bolded limitations indicate the corresponding limitations between the US PAT and instant application.
Instant application:18/965,668
US PAT 11,482,215
1. An electronic device comprising:
a display;
a microphone;
a speaker;
at least one sensor;
at least one processor coupled to the display, the microphone, the speaker, and the at least one sensor, and
memory storing instructions,
wherein the instructions, when executed by the at least one processor, cause the electronic device to:
based on a first occurrence of a first event, provide a first feedback via at least one of the display or the speaker, the first event comprising identifying a wake word from a first speech signal obtained via the microphone;
generate a first timeout based on no speech signal being obtained via the microphone within a first time duration after providing the first feedback;
based on a first occurrence of a second event, provide a second feedback via at least one of the display or the speaker, the second event comprising detecting, via the at least one sensor, an external object within a proximity of the electronic device, and the second feedback being different from the first feedback, and
generate a second timeout based on no speech signal being obtained via the microphone within a second time duration after providing the second feedback,
wherein the first time duration is longer than the second time duration.
5. A method of operating an electronic device comprising at least one display, at least one microphone, at least one speaker, and at least one sensor, the method comprising:
based on an occurrence of a first event that activates a speech recognition function of the electronic device, providing a first type feedback via the at least one speaker, the first event comprising identifying a wake word based on a first speech signal obtained via the at least one microphone;
based on a voice command not being identified in a second speech signal obtained via the at least one microphone, after providing the first type feedback, providing a speech response via the at least one speaker;
based on an occurrence of a second event that activates the speech recognition function of the electronic device, providing a second type feedback via the at least one display, the second event comprising detecting an external object based on a second signal obtained via the at least one sensor, and the second type feedback being different from the first type feedback; and
based on a voice command not being identified in a third speech signal obtained via the at least one microphone, after providing the second type feedback, providing a visual response via the at least one display.
Other independent claim 11 is also similar to the independent claims 1 and 5 of the US PAT.
With respect to the dependent claims, each of the claims maps to a corresponding dependent claim of the US PAT or are found within the scope of the independent claim.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-18 of US PAT 11,721,342. Although the claims, at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are rejected as being unpatentable over the claims of the US PAT 11,721,342. Please see below for the mapping in the table, where the bolded limitations indicate the corresponding limitations between the US PAT and instant application.
Instant application:18/965,668
US PAT 11,721,342
1. An electronic device comprising:
a display;
a microphone;
a speaker;
at least one sensor;
at least one processor coupled to the display, the microphone, the speaker, and the at least one sensor, and
memory storing instructions,
wherein the instructions, when executed by the at least one processor, cause the electronic device to:
based on a first occurrence of a first event, provide a first feedback via at least one of the display or the speaker, the first event comprising identifying a wake word from a first speech signal obtained via the microphone;
generate a first timeout based on no speech signal being obtained via the microphone within a first time duration after providing the first feedback;
based on a first occurrence of a second event, provide a second feedback via at least one of the display or the speaker, the second event comprising detecting, via the at least one sensor, an external object within a proximity of the electronic device, and the second feedback being different from the first feedback, and
generate a second timeout based on no speech signal being obtained via the microphone within a second time duration after providing the second feedback,
wherein the first time duration is longer than the second time duration.
10. A method of operating an electronic device comprising a display, a microphone, a speaker, and a sensor, the method comprising:
based on an occurrence of a first event that activates a speech recognition function of the electronic device, providing a first feedback via at least one of the display or the speaker, the first event comprising identifying a wake word based on a first speech signal obtained via the microphone;
based on a voice command not being identified in a second speech signal obtained via the microphone after providing the first feedback, providing a speech response via the speaker;
based on an occurrence of a second event that activates the speech recognition function of the electronic device, providing a second feedback via at least one of the display or the speaker, the second event comprising detecting an external object based on a second signal obtained via the sensor, and the second feedback being different from the first feedback; and
based on a voice command not being identified in a third speech signal obtained via the microphone after providing the second feedback, providing a visual response via the display.
Other independent claim 11 is also similar to the independent claims 1 and 10 of the US PAT.
With respect to the dependent claims, each of the claims maps to a corresponding dependent claim of the US PAT or are found within the scope of the independent claim.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of US PAT 12,300,236. Although the claims, at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are rejected as being unpatentable over the claims of the US PAT 12,300,236. Please see below for the mapping in the table, where the bolded limitations indicate the corresponding limitations between the US PAT and instant application.
Instant application:18/965,668
US PAT 12,300,236
1. An electronic device comprising:
a display;
a microphone;
a speaker;
at least one sensor;
at least one processor coupled to the display, the microphone, the speaker, and the at least one sensor, and
memory storing instructions,
wherein the instructions, when executed by the at least one processor, cause the electronic device to:
based on a first occurrence of a first event, provide a first feedback via at least one of the display or the speaker, the first event comprising identifying a wake word from a first speech signal obtained via the microphone;
generate a first timeout based on no speech signal being obtained via the microphone within a first time duration after providing the first feedback;
based on a first occurrence of a second event, provide a second feedback via at least one of the display or the speaker, the second event comprising detecting, via the at least one sensor, an external object within a proximity of the electronic device, and the second feedback being different from the first feedback, and
generate a second timeout based on no speech signal being obtained via the microphone within a second time duration after providing the second feedback,
wherein the first time duration is longer than the second time duration.
1. A method of operating an electronic device comprising a display, a microphone, a speaker, and at least one sensor, the method comprising:
based on a first occurrence of a first event, providing a first feedback via at least one of the display or the speaker, the first event comprising identifying a wake word from a first speech signal obtained via the microphone;
generating a first timeout based on no speech signal being obtained via the microphone within a first time duration after providing the first feedback;
based on a first occurrence of a second event, providing a second feedback via at least one of the display or the speaker, the second event comprising detecting, via the at least one sensor, an external object within a proximity of the electronic device, and the second feedback being different from the first feedback; and
generating a second timeout based on no speech signal being obtained via the microphone within a second time duration after providing the second feedback,
wherein the method further comprising:
generating a third timeout based on no voice command being identified from a second speech signal obtained via the microphone within a third time duration after a second occurrence of the first event; and
generating a fourth timeout based on no voice command being identified from a third speech signal obtained via the microphone within a fourth time duration after a second occurrence of the second event.
Other independent claim 11 is also similar to the independent claims 1 and 11 of the US PAT.
With respect to the dependent claims, each of the claims maps to a corresponding dependent claim of the US PAT or are found within the scope of the independent claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 6, 7-9, 13, 16, 17-19, and their dependent claims are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 3 and 13 recite, “wherein the first time duration is different from the third time duration, and the second time duration is different from the fourth time duration.“
There is insufficient antecedent basis for the bolded limitation in the claim.
Claims 6 and 16 recite, “based on the second speech signal being obtained via the microphone and prior to the generating the third timeout, control the display to display a text phrase indicating a transition to a listening mode.”
There is insufficient antecedent basis for the bolded limitation in the claim.
Claims 7 and 17 recite, “based on the third speech signal being obtained via the microphone and prior to the generating the fourth timeout, control the display to display a text phrase indicating a transition to a listening mode.”
There is insufficient antecedent basis for the bolded limitation in the claim.
Claims 8 and 18 recite, “in generating the third timeout, provide a speech response, via the speaker, indicating no voice command being identified from the second speech signal.”
There is insufficient antecedent basis for the bolded limitation in the claim.
Claims 9 and 19 recite, “in generating the fourth timeout, provide a visual feedback, via the display, indicating no voice command being identified from the third speech signal.”
There is insufficient antecedent basis for the bolded limitation in the claim.
Allowable Subject Matter
Claims 1-20 would be allowable over prior art, if the nonstatutory double patenting rejections and 112(b) rejections are overcome.
Most pertinent prior art:
PARK (US 2020/0362497 A1) discloses an electronic device comprising:
a display (Fig. 3 Touch screen 122); a microphone (Fig. 3 Voice receiver 135); a speaker (Fig. 3 Audio output unit 125); at least one sensor (Fig. 3 Sensing unit 145); at least one processor coupled to the display, the microphone, the speaker, and the at least one sensor, and memory storing instructions, wherein the instructions, when executed by the at least one processor (Fig.3), cause the electronic device to:
based on a first occurrence of a first event (Par 103 – “For example, the start phrase may be set as “Hello, washer”, and the like, but is not limited thereto, and may be modified in various ways. The control unit 180 may start a voice analysis on voice uttered subsequent to such a starting phrase.”), provide a first feedback via at least one of the display or the speaker (Fig. 5B – “Hello! Esther”; Par 104 – “The second graphic image may be an image including information on a registered user as illustrated in FIG. 5B. To this end, while the second graphic image is being displayed, the control unit 180 may analyze the voice of the user who inputs the starting phrase to generate response voice including matching user information. For example, as illustrated in FIG. 5B, text such as “Hello! Esther” may be displayed on the touch screen 122 while at the same time outputting voice.”), the first event comprising identifying a wake word from a first speech signal obtained via the microphone (Par 103 – “For example, the start phrase may be set as “Hello, washer”, and the like, but is not limited thereto, and may be modified in various ways. The control unit 180 may start a voice analysis on voice uttered subsequent to such a starting phrase.”; Par 100 – “In the standby state, the voice receiver 135 of the washing machine 100 continuously monitors whether sound above a specific loudness is sensed through a microphone, for example.”);
[generate a first timeout based on no speech signal being obtained via the microphone within a first time duration after providing the first feedback];
based on a first occurrence of a second event (Par 91 – “In the washing machine 100 according to the present disclosure including at least part of the above-described configuration, when the proximity of a user is sensed, a first graphic object indicating the proximity is displayed on the screen, and the voice recognition function of the washing machine 100 maintains a standby state.”), provide a second feedback via at least one of the display or the speaker (Par 91 – “In the washing machine 100 according to the present disclosure including at least part of the above-described configuration, when the proximity of a user is sensed, a first graphic object indicating the proximity is displayed on the screen, and the voice recognition function of the washing machine 100 maintains a standby state.”), the second event comprising detecting, via the at least one sensor, an external object within a proximity of the electronic device (Par 91 – “In the washing machine 100 according to the present disclosure including at least part of the above-described configuration, when the proximity of a user is sensed, a first graphic object indicating the proximity is displayed on the screen, and the voice recognition function of the washing machine 100 maintains a standby state.”), and the second feedback being different from the first feedback (Par 91 – “In the washing machine 100 according to the present disclosure including at least part of the above-described configuration, when the proximity of a user is sensed, a first graphic object indicating the proximity is displayed on the screen, and the voice recognition function of the washing machine 100 maintains a standby state. Then, when a predetermined starting phrase is input within a predetermined time period, the voice recognition function of the washing machine 100 is switched from the standby state to the execution state, and a second graphic object corresponding to the execution state of the voice recognition function is output on the screen.”), and
[generate a second timeout based on no speech signal being obtained via the microphone within a second time duration after providing the second feedback, wherein the first time duration is longer than the second time duration].
However, PARK fails to teach all the limitations recited in the independent claims, especially, the [square-bracketed] claims as indicated above.
GRIMA (US 2019/0295540 A1) teaches interacting with a user when a wakeword is detected, and [generating a first timeout based on no speech signal being obtained via the microphone within a first time duration after providing the first feedback] (Par 72 – “Similarly, once a trigger is detected by the trigger phrase detection block 11 b, a counter 23-2 is started. The counter 23-2 will time out if no start of speech is detected within a certain expected (predetermined or user-defined) period. If a trigger follows the start of speech, or vice versa, without the expected period then the trigger phrase validation step would then be activated and based on the counters 23-1 and 23-2.”);
KURTZ (US 2019/0333501 A1) teaches interacting with a user when a wakeword is detected, and [generate a second timeout based on no speech signal being obtained via the microphone within a second time duration (Par 59 – “If the personal activity does not ask for prompt voice processing and response, the delay duration may be adjusted to be longer. For example, if the user is working and utters “email the report to the client,” if the user is watching TV and utters “watch NBC,” or if the user is cooking and utters “search a recipe for a steak,” the delay duration may be adjusted to be longer.”).
However, KURTZ does not teach providing “after providing the second feedback,” wherein the second feedback is generated based on the detecting an object with a proximity sensor, whereas the first feedback is generated based on the wake word detection. Thus, the closest relevant prior art, either taken individually or in combination, fails to explicitly teach or reasonably suggest the invention as represented by the independent claims 1 and 11.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached from PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN C KIM whose telephone number is (571)272-3327. The examiner can normally be reached Monday to Friday 8:00 AM thru 4:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew C Flanders can be reached at 571-272-7516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN C KIM/Primary Examiner, Art Unit 2655
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