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 the submission filed December 23, 2024. Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 23, 2024; May 6, 2025; January 29, 2026 is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claims 1, 11, and 20 are directed to methods, devices, and computer readable mediums for detecting a request provided via one or more input devices of the vehicle; determining, based on a type of the request and a version of the vehicle computing device, whether to: transmit first or second request data, generated based on the request, to a server device or locally fulfill the request; and performing, based on the determining, one of: transmitting the first or second request data to the server device or locally fulfilling the request without utilizing the server device. The step for “detecting…” can be achieved by a person hearing another speak a request; the feature for “determining….” Can be achieved by the person understanding the requests and versions of vehicle components whether the request should be forwarded to another person/device for responses or whether they can provide the response; the feature for “performing…” can be achieved by the person submitting the requests to another person/device or by completing the request locally themselves. The recited limitations are directed a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of the generic computing device, server device, processors, and generic computer components. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application because the recited the generic computing device, server device, processors, and generic computer components amounts to no more than mere instructions to apply the exception using generic computer components. Accordingly, the elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea. The claims are not patent eligible.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, as indicated with respect to integration of the abstract idea into a practical application, the additional elements of the generic computing device, server device, processors, and generic computer components to perform the various steps amounts to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic computer components cannot provide an inventive concept. The claims are not patent eligible.
Dependent claims 2-12 and 14-19 do not integrate the judicial exception into a practical application and do not include additional elements (claims merely recite generic computer elements and generic sensors) that are sufficient to amount to significantly more than the judicial exception. The limitations of the dependent claims are directed to applying natural language understanding techniques, capturing and processing audio, extra solution activity for transmitting and receiving data and/or capturing/observing data
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,315,559. Although the claims at issue are not identical, they are not patentably distinct from each other because both the claims of the instant application and the patent are directed to directing a vehicle client device to use on-device functionality, wherein the claims of the instant application are encompassed and/or are obvious variants to the claims of the patent.
Claims of 18/999,808
Claims of 11,315,559
1. A method implemented by one or more processors of a vehicle computing device of a vehicle, the method comprising: detecting a request provided via one or more input devices of the vehicle; determining, based on a type of the request and a version of the vehicle computing device, whether to: transmit first request data, generated based on the request, to a server device, transmit second request data, generated based on the request, to the server device, wherein the second request data differs from the first request data, or locally fulfill the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device; and performing, based on the determining, one of: transmitting the first request data to the server device, transmitting the second request data to the server device, and locally fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device.
2. The method of claim 1, wherein the request is based on a spoken utterance detected via one or more microphones of the one or more input devices and further comprising: determining the type, of the request, based on text of the spoken utterance.
3. The method of claim 2, wherein determining the type, of the spoken utterance, based on the text of the spoken utterance, comprises: determining the type based on an intent derived from the text of the spoken utterance.
4. The method of claim 2, wherein the first request data is based on audio data that is detected via the one or more microphones and that captures the spoken utterance.
5. The method of claim 4, wherein transmitting the first request data, to the server device, causes the server device to provide, to the vehicle computing device, action data that is generated by the server device based on processing the first request data.
6. The method of claim 2, wherein the first request data is based on audio data that is detected via the one or more microphones and that captures the spoken utterance and wherein the second request data is based on text derived from the spoken utterance.
7. The method of claim 1, wherein locally fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device includes causing performance of a local action and wherein transmitting the first request data to the server device causes first alternative action data to be received from the sever device and the first alternative action data to be utilized, by one or more of the processors of the vehicle computing device, in performance of an alternative action that differs from the local action.
8. The method of claim 7, wherein utilizing the first alternative action data in performance of the alternative action includes utilizing sensor output from one or more sensors of the vehicle, and wherein locally fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device includes lacks utilization of any sensor output from any sensors of the vehicle.
9. The method of claim 1, wherein fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device includes using a local natural language understanding (NLU) engine, to generate NLU data.
10. The method of claim 9, wherein locally fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device further includes processing the NLU data using a local action engine.
1. A method implemented by one or more processors, the method comprising: determining, based on audio data being processed at a server device, that a user has provided a spoken utterance to an automated assistant interface of a vehicle computing device that is connected to a vehicle; accessing, in response to determining that the user has provided the spoken utterance, version information associated with the vehicle computing device, wherein the version information indicates that the vehicle computing device corresponds to a particular version; characterizing, based on processing the audio data, natural language content of the spoken utterance provided by the user; determining, based on characterizing the natural language content of the spoken utterance, whether at least a portion of the natural language content is completely supported by the server device for the particular version; in response to determining that at least a portion of the natural language content is not completely supported by the server device for the particular version, at least based on the version information: providing, to the vehicle computing device, textual data characterizing the natural language content of the spoken utterance provided by the user, and causing the vehicle computing device to locally perform an action that is locally generated by the vehicle computing device based on the natural language content; generating instructional data characterizing a limitation for the vehicle computing device with respect to a requested intent, and providing the instructional data to the vehicle computing device, wherein the instructional data causes the vehicle computing device to, in response to a subsequent user input, bypass requesting the server device to generate a particular action corresponding to another instance of the requested intent.
2. The method of claim 1, wherein determining whether at least the portion of the natural language content is completely supported by the server device for the particular version includes: determining whether at least the portion of the natural language content includes one or more natural language terms corresponding to one or more intents that are indicated, at the server device, as not being completely supported by the server device, wherein the one or more intents are indicated, at the server device, as being completely supported for other vehicle computing device versions that do not include the particular version of the vehicle computing device.
3. The method of claim 2, wherein the textual data characterizes the portion of the natural language content that includes the one or more natural language terms.
4. The method of claim 1, further comprising: in response to determining that at least the portion of the natural language content is completely supported by the server device for the particular version: generating, at the server device, action data that identifies an intent requested by the user, and another action that is supported by the particular version of the vehicle computing device, and providing the action data to the vehicle computing device, wherein providing the action data to the vehicle computing device causes the vehicle computing device to perform the other action using the provided action data.
5. The method of claim 1, further comprising: in response to determining that at least the portion of the natural language content is not completely supported by the server device for the particular version, and subsequent to providing the instructional data to the vehicle computing device: determining that another spoken utterance associated with the requested intent was received at the automated assistant interface of the vehicle computing device, and providing other textual data to the vehicle computing device, wherein the other textual data characterizes other natural language content of the other spoken utterance and omits data characterizing a particular action for the requested intent.
6. The method of claim 1, further comprising: in response to determining that at least the portion of the natural language content is partially supported by the server device for the particular version, at least with respect to the version information: providing, to the vehicle computing device, natural language understanding (NLU) data characterizing a particular intent requested by the user via the spoken utterance.
7. The method of claim 6, further comprising: in response to determining that at least the portion of the natural language content is partially supported by the server device for the particular version, at least with respect to the version information: providing, to the vehicle computing device, slot data characterizing one or more slot values for the particular intent, and causing the vehicle computing device to perform the action using the one or more slot values, wherein the action is locally identified by the vehicle computing device based on the particular intent and the one or more slot values.
8. The method of claim 1, further comprising, wherein the spoken utterance is associated with a hardware subsystem of the vehicle, and the spoken utterance is received at the automated assistant interface when the user is riding in, and/or driving, the vehicle.
9. The method of claim 1, further comprising: determining, subsequent to determining that the user provided the spoken utterance, that another spoken utterance was received at a separate vehicle computing device that is operating according to a currently supported version; and providing, based on other natural language content of the other spoken utterance, NLU data characterizing a requested intent, slot data characterizing one or more slot values for the requested intent, and action data characterizing a separate action to be performed by the separate vehicle computing device.
10. The method of claim 1, further comprising: prior to determining that the user provided the spoken utterance, determining that the particular version, which was previously completely supported by the server device in communication with the vehicle computing device, is completely supported by the server device.
11. The method of claim 10, wherein determining whether at least the portion of the natural language content is completely supported by the particular version includes determining an extent to which the particular version is supported by the server device.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 11,727,934. Although the claims at issue are not identical, they are not patentably distinct from each other because both the claims of the instant application and the patent are directed to directing a vehicle client device to use on-device functionality, wherein the claims of the instant application are encompassed and/or are obvious variants to the claims of the patent.
Claims of 18/999,808
Claims of 11,727,934
1. A method implemented by one or more processors of a vehicle computing device of a vehicle, the method comprising: detecting a request provided via one or more input devices of the vehicle; determining, based on a type of the request and a version of the vehicle computing device, whether to: transmit first request data, generated based on the request, to a server device, transmit second request data, generated based on the request, to the server device, wherein the second request data differs from the first request data, or locally fulfill the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device; and performing, based on the determining, one of: transmitting the first request data to the server device, transmitting the second request data to the server device, and locally fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device.
2. The method of claim 1, wherein the request is based on a spoken utterance detected via one or more microphones of the one or more input devices and further comprising: determining the type, of the request, based on text of the spoken utterance.
3. The method of claim 2, wherein determining the type, of the spoken utterance, based on the text of the spoken utterance, comprises: determining the type based on an intent derived from the text of the spoken utterance.
4. The method of claim 2, wherein the first request data is based on audio data that is detected via the one or more microphones and that captures the spoken utterance.
5. The method of claim 4, wherein transmitting the first request data, to the server device, causes the server device to provide, to the vehicle computing device, action data that is generated by the server device based on processing the first request data.
6. The method of claim 2, wherein the first request data is based on audio data that is detected via the one or more microphones and that captures the spoken utterance and wherein the second request data is based on text derived from the spoken utterance.
7. The method of claim 1, wherein locally fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device includes causing performance of a local action and wherein transmitting the first request data to the server device causes first alternative action data to be received from the sever device and the first alternative action data to be utilized, by one or more of the processors of the vehicle computing device, in performance of an alternative action that differs from the local action.
8. The method of claim 7, wherein utilizing the first alternative action data in performance of the alternative action includes utilizing sensor output from one or more sensors of the vehicle, and wherein locally fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device includes lacks utilization of any sensor output from any sensors of the vehicle.
9. The method of claim 1, wherein fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device includes using a local natural language understanding (NLU) engine, to generate NLU data.
10. The method of claim 9, wherein locally fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device further includes processing the NLU data using a local action engine.
1. A method implemented by one or more processors, the method comprising: determining that first natural language content embodied in a first spoken utterance, received at a first computing device, corresponds to a first intent request; determining, based on determining that the first natural language content corresponds to the first intent request, a first extent to which the first intent request is supported for a first version corresponding to the first computing device; generating, based on the first extent to which the first intent request is supported for the first version, first data that includes action data, for the first intent request, that is executable by the first computing device to fulfill the first intent request; providing the first data to the first computing device, wherein providing the first data to the first computing device causes the first computing device to fulfill the first intent request using the action data of the first data; determining that the first natural language content is embodied in audio data that captures a second spoken utterance, received at a second computing device, corresponds to the first intent request; determining, based on determining that second natural language content includes the first intent request, a second extent to which the first intent request is supported by the server device for a second version corresponding to the second computing device, wherein the second version is different than the first version, and wherein the second extent is a lesser extent than the first extent; generating, based on the second extent to which the second intent request is supported by the server device, second data that excludes the action data but that includes speech-to-text data that is generated by the server device based on performing speech-to-text processing of the audio data that captures the second spoken utterance; and providing the second data to the second computing device, wherein providing the second data to the second computing device causes the second computing device to locally perform an action that is locally generated by the second computing device based on the speech-to-text data of the second data.
2. The method of claim 1, wherein the first computing device executes the action data to perform an alternative action that differs from the action that is locally generated by the second computing device.
3. The method of claim 2, wherein performing the alternative action includes utilizing sensor output from one or more sensors of the first computing device, and wherein performing the second action is independent of utilizing any sensor output from any sensors of the second computing device.
4. The method of claim 3, wherein the first computing device is a first vehicle computing device and the second computing device is a second vehicle computing device.
5. The method of claim 1, wherein the second computing device locally generates the action using a local natural language understanding (NLU) engine and a local action engine.
6. The method of claim 1, wherein the second computing device locally generates the action using a local action engine.
7. The method of claim 1, further comprising: receiving, from the second computing device, the audio data and second device version data; and determining the second version based on the second device version data received from the second computing device.
8. A method implemented by one or more processors of a vehicle computing device of a vehicle, the method comprising: transmitting, to a server, a first transmission that includes: first audio data that is detected at the vehicle computing device and that captures an instance of a user speaking a particular request, and version data that indicates a version of the vehicle computing device; receiving, from the server and in response to the first transmission: action data that is generated by the server device based on processing the first audio data, and that is generated by the server based on a determination, at the server, that the version data satisfies one or more conditions; in response to receiving the action data from the server, executing the action data to perform an action to fulfill the particular request; transmitting, to the server, a second transmission that includes: second audio data that is based on second audio data detected at the vehicle computing device and that captures an additional instance of the user, or an additional user, speaking the particular request, and the version data, wherein the second transmission occurs subsequent to the first transmission; receiving, from the server and in response to the second transmission: data that includes speech-to-text data but lacks any action data, wherein the speech-to-text data is generated by the server by performing speech-to-text processing on the audio data, and wherein the data lacks any action data based on an additional determination, at the server, that the version data no longer satisfies the one or more conditions; and in response to receiving the speech-to-text data from the server, using the speech-to-text data to locally generate a local action to fulfill the particular request, wherein the local action differs from the action.
9. The method of claim 8, wherein executing the action data to perform the action includes utilizing sensor output from one or more sensors of the vehicle, and wherein the local action lacks utilization of any sensor output from any sensors of the vehicle.
10. The method of claim 8, wherein using the speech-to-text data to locally generate the local action comprises generating the action based on processing the speech-to-text data, using a local natural language understanding (NLU) engine, to generate NLU data.
11. The method of claim 10, wherein using the speech-to-text data to locally generate the local action further comprises generating the action based on processing the NLU data using a local action engine.
12. The method of claim 11, wherein executing the action data to perform the action includes utilizing sensor output from one or more sensors of the vehicle, and wherein the local action lacks utilization of any sensor output from any sensors of the vehicle.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,175,980. Although the claims at issue are not identical, they are not patentably distinct from each other because both the claims of the instant application and the patent are directed to directing a vehicle client device to use on-device functionality, wherein the claims of the instant application are encompassed and/or are obvious variants to the claims of the patent.
Claims of 18/999,808
Claims of 12,175,980
A method implemented by one or more processors of a vehicle computing device of a vehicle, the method comprising: detecting a request provided via one or more input devices of the vehicle; determining, based on a type of the request and a version of the vehicle computing device, whether to: transmit first request data, generated based on the request, to a server device, transmit second request data, generated based on the request, to the server device, wherein the second request data differs from the first request data, or locally fulfill the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device; and performing, based on the determining, one of: transmitting the first request data to the server device, transmitting the second request data to the server device, and locally fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device.
2. The method of claim 1, wherein the request is based on a spoken utterance detected via one or more microphones of the one or more input devices and further comprising: determining the type, of the request, based on text of the spoken utterance.
3. The method of claim 2, wherein determining the type, of the spoken utterance, based on the text of the spoken utterance, comprises: determining the type based on an intent derived from the text of the spoken utterance.
4. The method of claim 2, wherein the first request data is based on audio data that is detected via the one or more microphones and that captures the spoken utterance.
5. The method of claim 4, wherein transmitting the first request data, to the server device, causes the server device to provide, to the vehicle computing device, action data that is generated by the server device based on processing the first request data.
6. The method of claim 2, wherein the first request data is based on audio data that is detected via the one or more microphones and that captures the spoken utterance and wherein the second request data is based on text derived from the spoken utterance.
7. The method of claim 1, wherein locally fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device includes causing performance of a local action and wherein transmitting the first request data to the server device causes first alternative action data to be received from the sever device and the first alternative action data to be utilized, by one or more of the processors of the vehicle computing device, in performance of an alternative action that differs from the local action.
8. The method of claim 7, wherein utilizing the first alternative action data in performance of the alternative action includes utilizing sensor output from one or more sensors of the vehicle, and wherein locally fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device includes lacks utilization of any sensor output from any sensors of the vehicle.
9. The method of claim 1, wherein fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device includes using a local natural language understanding (NLU) engine, to generate NLU data.
10. The method of claim 9, wherein locally fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device further includes processing the NLU data using a local action engine.
1.A method implemented by one or more processors of a vehicle computing device, the method comprising: transmitting, from the vehicle computing device to a server, a first transmission that includes: first request data that is based on first audio data that is detected at the vehicle computing device and that captures an instance of a user speaking a particular request, and version data that indicates a version of the vehicle computing device; receiving, at the vehicle computing device from the server and in response to the first transmission: action data that is generated by the server device based on processing the first request data; in response to receiving the action data from the server, executing the action data to fulfill the particular request; transmitting, to the server device, a second transmission that includes: second request data that is based on second audio data detected at the vehicle computing device and that captures an additional instance of the user, or an additional user, speaking the particular request, and the version data, wherein the second transmission occurs subsequent to the first transmission; receiving, at the vehicle computing device from the server and in response to the second transmission: instructional data that prevents the vehicle computing device from transmitting further request data for the particular request; and subsequent to receiving the instructional data: preventing, based on the instructional data, transmission of any data to the server in response to detecting, at the vehicle computing device, further audio data, that captures a further spoken instance of the particular request.
2. The method of claim 1, wherein the first request data includes the first audio data and the second request data includes the second audio data.
3. The method of claim 1, wherein the instructional data is received, from the server in response to the second transmission, responsive to the server determining that, at a time of the second transmission, the particular request is no longer supported, by the server, for the version indicated by the version data.
4. The method of claim 1, further comprising, in response to the further instance of the particular request: locally selecting, at the vehicle computing device, a local action to fulfill the particular request; and locally fulfilling the particular request, at the vehicle computing device, using the selected local action.
5. The method of claim 4, wherein the local action differs from an alternative action that is performed in executing the action data received from the server in response to the first transmission.
6. The method of claim 4, wherein executing the action data to fulfill the particular request includes utilizing sensor output from one or more sensors of the vehicle, and wherein locally fulfilling the particular request lacks utilization of any sensor output from any sensors of the vehicle.
7. The method of claim 4, wherein locally fulfilling the particular request includes using a local natural language understanding (NLU) engine, to generate NLU data.
8. The method of claim 7, wherein locally fulfilling the particular request further includes processing the NLU data using a local action engine.
9. The method of claim 8, wherein executing the action data to fulfill the particular request includes utilizing sensor output from one or more sensors of the vehicle, and wherein locally fulfilling the particular request lacks utilization of any sensor output from any sensors of the vehicle.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Woo et al (US Patent Application Publication No. 2020/0192684), hereinafter Woo.
Woo teaches a method and apparatus for managing an intelligent agent. Regarding claim 1, Woo teaches s method implemented by one or more processors [Fig 1/2/12; para 0385] of a vehicle computing device of a vehicle [para 0053 – vehicle device options], the method comprising:
detecting a request provided via one or more input devices of the vehicle [may receive a user's speech input from the user terminal through a communication network--- para 0053; 0058-0059; 0079; 0139; 0162-0170; 0291];
determining, based on a type of the request and a version [para 0109-0119; 0171; 0184-189] of the vehicle computing device, whether to [para 0009 -- controlling operations of at least one of the applications using the path rule, wherein the path rule is generated based on the user input and at least one of the version information, and the path rule includes information on the operations and an order of the operations]:
transmit first request data, generated based on the request, to a server device [para 0058-0059; 0080; 0249-0250],
transmit second request data, generated based on the request, to the server device [para 0058-0059; 0080; 0249-0250], wherein the second request data differs from the first request data [para 0052-0057; 0058-0059; 0080; 0249-0250 – where allowing the user to enter additional utterances is functionality of the intelligent agent; 0090 -- The intelligent agent 151 may request a user to input necessary information (e.g., parameter information) using the received information];
or locally fulfill the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device [path rule based on supported version -- para 0052-0057; 0090-0092; 0106-0119; 0133-141; 0171-0184; 0213-0214; 0224; 0274-0284; 0292-0346]; and
performing, based on the determining, one of:
transmitting the first request data to the server device [para 0058-0059; 0080; 0249-0250],
transmitting the second request data to the server device [para 0052-0057; 0058-0059; 0080; 0249-0250; 0090--The intelligent agent 151 may request a user to input necessary information (e.g., parameter information) using the received information.], and
locally fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device [para 0009 -- controlling operations of at least one of the applications using the path rule, wherein the path rule is generated based on the user input and at least one of the version information, and the path rule includes information on the operations and an order of the operations; path rule based on supported version -- para 0052-0057; 0090-0092; 0106-0119; 0133-141; 0171-0184; 0213-0214; 0224; 0274-0284; 0292-0346].
Regarding claim 2, Woo teaches the method of claim 1, wherein the request is based on a spoken utterance detected via one or more microphones [fig. 2 (111)] of the one or more input devices and further comprising: determining the type, of the request [para – 0096; 0106-0111; 0274 – intent classification] , based on text of the spoken utterance [para 0104 -- automatic speech recognition (ASR) module 210 may convert the user input received from the user terminal 100 into text data].
Regarding claim 3, Woo teaches the method of claim 2, wherein determining the type, of the spoken utterance, based on the text [para 0104 -- automatic speech recognition (ASR) module 210 may convert the user input received from the user terminal 100 into text data] of the spoken utterance, comprises: determining the type based on an intent derived from the text of the spoken utterance [para – 0096; 0106-0111; 0274 – intent classification].
Regarding claim 4, Woo teaches the method of claim 2, wherein the first request data is based on audio data that is detected via the one or more microphones [fig. 2 (111)] and that captures the spoken utterance [para 0058 -- user terminal 100 may receive a user's speech as the user input].
Regarding claim 5, Woo teaches the method of claim 4, wherein transmitting the first request data, to the server device, causes the server device to provide, to the vehicle computing device, action data that is generated by the server device based on processing the first request data [path rule based on supported version -- para 0052-0057; 0090-0092; 0106-0119; 0133-141; 0171-0184; 0213-0214; 0224; 0274-0284; 0292-0346].
Regarding claim 6, Woo teaches the method of claim 2, wherein the first request data is based on audio data that is detected via the one or more microphones [fig. 2 (111)] and that captures the spoken utterance and wherein the second request data is based on text derived from the spoken utterance [para 0104 -- automatic speech recognition (ASR) module 210 may convert the user input received from the user terminal 100 into text data; para – 0096; 0106-0111; 0274 – intent classification].
Regarding claim 7, Woo teaches the method of claim 1, wherein locally fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device includes causing performance of a local action and wherein transmitting the first request data to the server device causes first alternative action data to be received from the sever device and the first alternative action data to be utilized, by one or more of the processors of the vehicle computing device, in performance of an alternative action that differs from the local action [path rule based on supported version -- para 0052-0057; 0090-0092; 0106-0119; 0133-141; 0171-0184; 0213-0214; 0224; 0274-0284; 0292-0346].
Regarding claim 8, Woo teaches the method of claim 7, wherein utilizing the first alternative action data in performance of the alternative action includes utilizing sensor output from one or more sensors of the vehicle [para 0052-0057; 0139], and wherein locally fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device includes lacks utilization of any sensor output from any sensors of the vehicle [path rule based on supported version -- para 0052-0057; 0090-0092; 0106-0119; 0133-141; 0171-0184; 0213-0214; 0224; 0274-0284; 0292-0346].
Regarding claim 9, Woo teaches the method of claim 1, wherein fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device includes using a local natural language understanding (NLU) engine, to generate NLU data [Woo – natural language understanding module—para 0102-0113; 0121].
Regarding claim 10, Woo teaches the method of claim 9, wherein locally fulfilling the request utilizing one or more of the processors of the vehicle computing device and without utilizing the server device further includes processing the NLU data using a local action engine [Woo – natural language understanding module—para 0102-0113; 0121].
Claims 11-20 are rejected under similar rationale as claims 1-10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Petersen et al (US Patent Application Publication NO. 2021/0194716). Petersen teaches methods and devices to receive a user-generated device agnostic instruction (DAI) at a local electronic device having digital personal assistant (DPA) functionality; determine whether the local electronic device is in an operational state that supports implementation of the DAI; based on the determining, transmit the DAI to one or more remote electronic devices having DPA functionality; and implement the DAI at each of the one or more remote electronic devices that is in an operational state that supports implementation of the DIA.
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ANGELA A. ARMSTRONG
Primary Examiner
Art Unit 2659
/ANGELA A ARMSTRONG/ Primary Examiner, Art Unit 2659
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