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 .
This Office Action is in response to correspondence filed 19 December 2024 in reference to application 18/986,212. Claims 1-14 are pending and have been examined.
Response to Arguments
The preliminary amendment filed 31 December 2025 has been accepted and considered in this office action. Claims 1, 13, and 14 have been amended.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 5, and 7-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 13-16, 20, 31, and 62 of U.S. Patent No. 11,710,842. Although the claims at issue are not identical, they are not patentably distinct from each other as laid out in the chart below.
Claims 1, 5, and 7-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 13-15, 19, 28, 32, 39, and 43 of U.S. Patent No. 10,818,288. Although the claims at issue are not identical, they are not patentably distinct from each other as laid out in the chart below.
Instant Application
US Patent 11,710,842
US Patent 10,818,288
Claim 1: An electronic device, comprising:
Claim 1: An electronic device, comprising:
Claim 1: An electronic device, comprising:
one or more processors;
one or more processors;
one or more processors;
a microphone;
a microphone; and
a microphone; and
memory storing one or more programs configured to be executed by the one or more processors, wherein the one or more programs include instructions for:
memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for:
memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for:
receiving, via the microphone, an audio stream including one or more utterances;
receiving, via the microphone, a first audio stream including one or more utterances;
receiving, via the microphone, a first audio stream including one or more utterances;
in accordance with a determination that at least a portion of the audio stream is directed to a virtual assistant, generating a plurality of candidate text representations of the one or more utterances;
in accordance with a determination that the first audio stream includes the lexical trigger, generating one or more candidate text representations of the one or more utterances;
in accordance with a determination that the first audio stream includes the lexical trigger, generating one or more candidate text representations of the one or more utterances;
in accordance with a determination that a first candidate text representation of the plurality of candidate text representations is to be disregarded by the virtual assistant based on sensory data obtained from a sensor of the electronic device, generating one or more candidate intents based on at least a second candidate text representation of the plurality of candidate text representations;
determining whether at least one candidate text representation of the one or more candidate text representations is to be disregarded by the virtual assistant based on sensory data obtained from one or more sensors of the electronic device; in accordance with a determination that at least one candidate text representation is to be disregarded by the virtual assistant, generating one or more candidate intents based on candidate text representations of the one or more candidate text representations other than the to be disregarded at least one candidate text representation;
determining whether at least one candidate text representation of the one or more candidate text representations is to be disregarded by the virtual assistant; Claim 13: estimating, based on sensory data, the likelihood that the utterance corresponding to the at least one candidate text representation is not directed to the virtual assistant Claim 1: in accordance with a determination that at least one candidate text representation is to be disregarded by the virtual assistant, generating one or more candidate intents based on candidate text representations of the one or more candidate text representations other than the to be disregarded at least one candidate text representation,…
in accordance with a determination that the one or more candidate intents include at least one actionable intent, executing the at least one actionable intent;
in accordance with a determination that the one or more candidate intents include at least one actionable intent, executing the at least one actionable intent;
in accordance with a determination that the one or more candidate intents include at least one actionable intent, executing the at least one actionable intent;
outputting a result of the execution of the at least one actionable intent.
outputting a result of the execution of the at least one actionable intent.
outputting a result of the execution of the at least one actionable intent.
Claim 2: The electronic device of claim 1, wherein the sensory data includes gaze data detected from a user of the electronic device.
Claim 13: The electronic device of claim 11, wherein estimating the likelihood that the utterance corresponding to the at least one candidate text representation is not directed to the virtual assistant comprises: estimating, based on the gaze data,
Claim 3: The electronic device of claim 2, wherein determining whether the first candidate text representation of the plurality of candidate text representations is to be disregarded by the virtual assistant based on sensory data obtained from a sensor of the electronic device comprises: determining whether a user gaze of the gaze data is directed to the electronic device.
Claim 13: The electronic device of claim 11, wherein estimating the likelihood that the utterance corresponding to the at least one candidate text representation is not directed to the virtual assistant comprises: estimating, based on the gaze data, the likelihood that the utterance corresponding to the at least one candidate text representation is not directed to the virtual assistant.
Claim 5: The electronic device of claim 1, wherein the audio stream includes a trigger phrase.
Claim 1: determining whether the first audio stream includes a lexical trigger;
Claim 1: determining whether the first audio stream includes a lexical trigger;
Claim 7: The electronic device of claim 5, wherein the trigger phrase includes a word or a plurality of words.
Claim 2: The electronic device of claim 1, wherein the lexical trigger is a single-word lexical trigger.
Claim 2: The electronic device of claim 1, wherein the lexical trigger is a single-word lexical trigger.
Claim 8: The electronic device of claim 1, wherein the portion of the audio stream directed to the virtual assistant is received after a first utterance of the one or more utterances.
Claim 3: The electronic device of claim 2, wherein the first audio stream includes a first utterance, and wherein the single-word lexical trigger is positioned in a portion of the first utterance other than the beginning portion of the first utterance.
Claim 3: The electronic device of claim 2, wherein the first audio stream includes a first utterance, and wherein the single-word lexical trigger is positioned in a portion of the first utterance other than the beginning portion of the first utterance.
Claim 9: The electronic device of claim 1, wherein generating one or more candidate intents based on at least a second candidate text representation of the plurality of candidate text representations comprises:
Claim 14: The electronic device of claim 1, wherein generating the one or more candidate intents based on the candidate text representations of the one or more candidate text representations other than the to be disregarded at least one candidate text representation comprises:
Claim 1: wherein generating the one or more candidate intents comprises:
obtaining one or more pre-mitigation intents corresponding to the plurality of candidate text representations; and
obtaining one or more pre-mitigation intents corresponding to the one or more candidate text representations of the one or more utterances; and
obtaining one or more pre-mitigation intents corresponding to the one or more candidate text representations of the one or more utterances, including obtaining a pre-mitigation intent corresponding to the to be disregarded at least one candidate text representation; and
selecting, from the one or more pre-mitigation intents, the one or more candidate intents corresponding to the second candidate text representation.
selecting, from the one or more pre-mitigation intents, the one or more candidate intents corresponding to the one or more candidate text representations other than the to be disregarded at least one candidate text representation.
selecting, from the one or more pre-mitigation intents, the one or more candidate intents corresponding to the one or more candidate text representations other than the to be disregarded at least one candidate text representation,
Claim 10: The electronic device of claim 1, wherein determining whether the one or more candidate intents include at least one actionable intent comprises:
Claim 15: The electronic device of claim 1, wherein determining whether the one or more candidate intents include at least one actionable intent comprises: 107681599102Attorney Docket No.: P37148USC1/77870000293201
Claim 14: The electronic device of claim 1, wherein determining whether the one or more candidate intents include at least one actionable intent comprises:
determining whether a task can be performed; and
determining, for each of the one or more candidate intents, whether a task can be performed; and
determining, for each of the one or more candidate intents, whether a task can be performed; and
in accordance with a determination that the task can be performed, determining that the one or more candidate intents include at least one actionable intent.
in accordance with a determination that the task can be performed, determining that the one or more candidate intents include at least one actionable intent.
in accordance with a determination that the task can be performed, determining that the one or more candidate intents include at least one actionable intent.
Claim 11: The electronic device of claim 10, wherein determining whether the task can be performed comprises:
Claim 16: The electronic device of claim 10, wherein determining whether the task can be performed comprises:
Claim 15: The electronic device of claim 14, wherein determining whether the task can be performed comprises:
obtaining context information associated with a usage pattern of the virtual assistant; and
obtaining context information associated with a usage pattern of the virtual assistant; and
obtaining context information associated with a usage pattern of the virtual assistant; and
determining, based on the context information associated with the usage pattern of the virtual assistant, whether the task can be performed.
determining, based on the context information associated with the usage pattern of the virtual assistant, whether the task can be performed.
determining, based on the context information associated with the usage pattern of the virtual assistant, whether the task can be performed
Claim 12: The electronic device of claim 10, wherein determining whether the task can be performed comprises:
Claim 20: The electronic device of claim 15, wherein determining whether the task can be performed comprises:
Claim 19: The electronic device of claim 14, wherein determining whether the task can be performed comprises:
estimating a confidence level associated with performing the task;
estimating a confidence level associated with performing the task;
estimating a confidence level associated with performing the task;
determining whether the confidence level associated with performing the task satisfies a threshold confidence level; and
determining whether the confidence level associated with performing the task satisfies a threshold confidence level; and
determining whether the confidence level associated with performing the task satisfies a threshold confidence level; and
in accordance with a determination that the confidence level associated with performing the task satisfies the threshold confidence level, determining that the task can be performed.
in accordance with a determination that the confidence level associated with performing the task satisfies the threshold confidence level, determining that the task can be performed.
in accordance with a determination that the confidence level associated with performing the task satisfies the threshold confidence level, determining that the task can be performed.
Claim 13: A method for providing natural language interaction by a virtual assistant, the method comprising:
Claim 31: A method for providing natural language interaction by a virtual assistant, the method comprising:
Claim 28: A method for providing natural language interaction by a virtual assistant, the method comprising:
at an electronic device with one or more processors, memory, and a microphone:
at an electronic device with one or more processors, memory, and a microphone:
at an electronic device with one or more processors, memory, and a microphone:
receiving, via the microphone, an audio stream including one or more utterances;
receiving, via a microphone, a first audio stream including one or more utterances;
receiving, via a microphone, a first audio stream including one or more utterances;
in accordance with a determination that at least a portion of the audio stream is directed to a virtual assistant, generating a plurality of candidate text representations of the one or more utterances;
in accordance with a determination that the first audio stream includes the lexical trigger, generating one or more candidate text representations of the one or more utterances;
in accordance with a determination that the first audio stream includes the lexical trigger, generating one or more candidate text representations of the one or more utterances;
in accordance with a determination that a first candidate text representation of the plurality of candidate text representations is to be disregarded by the virtual assistant based on sensory data obtained from a sensor of the electronic device, generating one or more candidate intents based on at least a second candidate text representation of the plurality of candidate text representations;
determining whether at least one candidate text representation of the one or more candidate text representations is to be disregarded by the virtual assistant based on sensory data obtained from one or more sensors of the electronic device; in accordance with a determination that at least one candidate text representation is to be disregarded by the virtual assistant, generating one or more candidate intents based on candidate text representations of the one or more candidate text representations other than the to be disregarded at least one candidate text representation, wherein generating the one or more candidate intents comprises;
determining whether at least one candidate text representation of the one or more candidate text representations is to be disregarded by the virtual assistant; Claim 32: estimating, based on sensory data, the likelihood that the utterance corresponding to the at least one candidate text representation is not directed to the virtual assistant Claim 28: in accordance with a determination that at least one candidate text representation is to be disregarded by the virtual assistant, generating one or more candidate intents based on candidate text representations of the one or more candidate text representations other than the to be disregarded at least one candidate text representation, wherein generating the one or more candidate intents comprises:
in accordance with a determination that the one or more candidate intents include at least one actionable intent, executing the at least one actionable intent;
in accordance with a determination that the one or more candidate intents include at least one actionable intent, executing the at least one actionable intent;
in accordance with a determination that the one or more candidate intents include at least one actionable intent, executing the at least one actionable intent;
outputting a result of the execution of the at least one actionable intent.
outputting a result of the execution of the at least one actionable intent.
outputting a result of the execution of the at least one actionable intent.
Claim 14: A non-transitory computer-readable storage medium storing one or more programs configured to be executed by one or more processors of an electronic device, the one or more programs including instructions for:
Claim 62: A non-transitory computer-readable storage medium storing one or more programs configured to be executed by one or more processors of an electronic device, the one or more programs including instructions for:
Claim 39: A non-transitory computer-readable storage medium storing one or more programs configured to be executed by one or more processors of an electronic device, the one or more programs including instructions for:
receiving, via a microphone, an audio stream including one or more utterances;
receiving, via a microphone, a first audio stream including one or more utterances;
receiving, via a microphone, a first audio stream including one or more utterances;
in accordance with a determination that at least a portion of the audio stream is directed to a virtual assistant, generating a plurality of candidate text representations of the one or more utterances;
in accordance with a determination that the first audio stream includes the lexical trigger, generating one or more candidate text representations of the one or more utterances;
in accordance with a determination that the first audio stream includes the lexical trigger, generating one or more candidate text representations of the one or more utterances;
in accordance with a determination that a first candidate text representation of the plurality of candidate text representations is to be disregarded by the virtual assistant based on sensory data obtained from a sensor of the electronic device, generating one or more candidate intents based on at least a second candidate text representation of the plurality of candidate text representations;
determining whether at least one candidate text representation of the one or more candidate text representations is to be disregarded by the virtual assistant based on sensory data obtained from one or more sensors of the electronic device; in accordance with a determination that at least one candidate text representation is to be disregarded by the virtual assistant, generating one or more candidate intents based on candidate text representations of the one or more candidate text representations other than the to be disregarded at least one candidate text representation;
determining whether at least one candidate text representation of the one or more candidate text representations is to be disregarded by the virtual assistant; Claim 43: estimating, based on sensory data, the likelihood that the utterance corresponding to the at least one candidate text representation is not directed to the virtual assistant. Claim 39: in accordance with a determination that at least one candidate text representation is to be disregarded by the virtual assistant, generating one or more candidate intents based on candidate text representations of the one or more candidate text representations other than the to be disregarded at least one candidate text representation, wherein generating the one or more candidate intents comprises:
in accordance with a determination that the one or more candidate intents include at least one actionable intent, executing the at least one actionable intent;
in accordance with a determination that the one or more candidate intents include at least one actionable intent, executing the at least one actionable intent;
in accordance with a determination that the one or more candidate intents include at least one actionable intent, executing the at least one actionable intent;
outputting a result of the execution of the at least one actionable intent.
outputting a result of the execution of the at least one actionable intent.
outputting a result of the execution of the at least one actionable intent
Allowable Subject Matter
Claims 1-14 would be allowable if rewritten or amended or a terminal disclaimer filed to overcome the rejection(s) under non-statutory double patenting set forth in this Office action.
Consider claim 1, the closest prior art of record, Koshida (US PAP 2018/0233140) teaches an electronic device (abstract), comprising:
one or more processors (0042, processors);
a microphone (0039, microphone); and
memory storing one or more programs configured to be executed by the one or more processors (0042, processors, memory), the one or more programs including instructions for:
receiving, via the microphone, a first audio stream including one or more utterances (0040, receiving speech);
generating one or more candidate text representations of the one or more utterances (0040, translate speech to text via speech recognition);
determining whether at least one candidate text representation of the one or more candidate text representations is to be disregarded by the virtual assistant (0206, subfragment may be disregarded if speaker is different) based on sensory data obtained from one or more sensors of the electronic device (0033, sensor data to detect when a user engaged with another device, also see 0081, 0146-48, entity tracker uses sensors to identify entities and speakers);
determining whether the one or more candidate intents include at least one actionable intent (0206, determine user intention, 0041, intent handler determines if not ambiguous (actionable));
in accordance with a determination that the one or more candidate intents include at least one actionable intent, executing the at least one actionable intent (0041, executing intent);
outputting a result of the execution of the at least one actionable intent (0041, outputting execution result through speaker, video, or other device).
However the prior art of record does not specifically teach or fairly suggest the limitations of “in accordance with a determination that a first candidate text representation of the plurality of candidate text representations is to be disregarded by the virtual assistant based on sensory data obtained from a sensor of the electronic device, generating one or more candidate intents based on at least a second candidate text representation of the plurality of candidate text representations” when combined with each and every other limitation of the claim. Rather, Koshida determines to disregard an utterance entirely, instead of just a candidate interpretation of an utterance as claimed. Therefore claim 1 contains allowable subject matter.
Claim 2-12 depend on and further limit claim 1 and therefore contain allowable subject matter as well.
Claims 13 and 14 contain similar subject matter as claim 1 and therefore contains allowable subject matter as well.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Meyers et al. (US 9,691,378) and Kelly et al. (US PAP 2020/0104963) teach different methods of determining speech intents base on speech and sensor data.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS C GODBOLD whose telephone number is (571)270-1451. The examiner can normally be reached 6:30am-5pm Monday-Thursday.
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, Andrew 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
DOUGLAS GODBOLD
Examiner
Art Unit 2655
/DOUGLAS GODBOLD/Primary Examiner, Art Unit 2655
Prosecution Insights