DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
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 21-22, 24-25, 28-33, 35, 37, 39-46 and 48 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-10, 12, 14 and 17-18 of U.S. Patent No.12/406,684. Although the claims at issue are not identical, they are not patentably distinct from each other because
App, 19/011,288
PN 12/406,684
21. A computer-implemented method for making a virtual participant join a conversation, the method comprising: identifying a first conversation scheduled to be participated by a first group of actual participants by at least obtaining schedule information associated with the first conversation from a synchronized calendar; automatically including a first virtual participant into the first conversation at least before a start time indicated by the schedule information by at least:automatically opening a meeting application for the first virtual participant;automatically entering credential information associated with the first conversation and first user information associated with the first virtual participant; and automatically including the first virtual participant into the first conversation based at least in part on the credential information and the first user information; obtaining, via the first virtual participant configured to capture audio data, a first set of audio data associated with the first conversation while the first conversation occurs; and transcribing, via the first virtual participant, the first set of audio data into a first set of text data while the first conversation occurs.
1. A computer-implemented method for joining a virtual participant in a conversation, the method comprising: identifying a first conversation scheduled to be participated by a first group of actual participants by at least obtaining schedule information associated with the first conversation from a synchronized calendar; automatically joining a first virtual participant into the first conversation at least before a start time indicated by the schedule information by: automatically opening a meeting application for the first virtual participant; automatically entering credential information associated with the first conversation and user information associated with the first virtual participant; and automatically joining the first virtual participant into the first conversation; obtaining, via the first virtual participant configured to capture audio data, a first set of audio data associated with the first conversation while the first conversation occurs; transcribing, via the first virtual participant, the first set of audio data into a first set of text data while the first conversation occurs; and presenting the first set of text data to the first group of actual participants while the first conversation occurs.
22. The computer-implemented method of claim 21 wherein the automatically opening a meeting application for the first virtual participant includes: determining, before the start time, that the first conversation is about to start; and in response to determining that the first conversation is about to start, automatically opening the meeting application before the start time.
2. The computer-implemented method of claim 1, wherein the automatically opening a meeting application includes: determining, before the start time, that the first conversation is about to start; and in response to determining that the first conversation is about to start, automatically opening the meeting application before the start time.
24. The computer-implemented method of claim 21, and further comprising: automatically including a second virtual participant into the first conversation by at least: automatically opening the meeting application for the second virtual participant; automatically entering the credential information associated with the first conversation and second user information associated with the second virtual participant; and automatically including the second virtual participant into the first conversation based at least in part on the credential information and the second user information; obtaining, via the second virtual participant, a second set of audio data associated with the first conversation while the first conversation occurs; transcribing, via the second virtual participant, the second set of audio data into a second set of text data while the first conversation occurs; generating a master transcript based at least in part on the first set of text data and the second set of text data; and presenting the master transcript to the first group of actual participants while the first conversation occurs.
4. The computer-implemented method of claim 1, further comprising: automatically joining a second virtual participant into the first conversation by at least: automatically opening the meeting application for the second virtual participant; automatically entering the credential information associated with the first conversation and user information associated with the second virtual participant; and automatically joining the second virtual participant into the first conversation; obtaining, via the second virtual participant, a second set of audio data associated with the first conversation while the first conversation occurs; transcribing, via the second virtual participant, the second set of audio data into a second set of text data while the first conversation occurs; generating a master transcription based at least in part upon the first set of text data and the second set of text data; and presenting the master transcription to the first group of actual participants while the first conversation occurs.
25. The computer-implemented method of claim 24 wherein: the transcribing, via the first virtual participant, the first set of audio data into a first set of text data includes: obtaining one or more first voiceprints associated with one or more first actual participants selected from the first group of actual participants; and transcribing the first set of audio data into the first set of text data based at least in part on the one or more first voiceprints; the transcribing, via the second virtual participant, the second set of audio data into a second set of text data includes: obtaining one or more second voiceprints associated with one or more second actual participants selected from the first group of actual participants; and transcribing the second set of audio data into the second set of text data based at least in part on the one or more second voiceprints.
5. The computer-implemented method of claim 4, wherein: the transcribing, via the first virtual participant, the first set of audio data includes: obtaining a first set of voiceprints associated with a first subgroup of actual participants of the first group of actual participants; and transcribing the first set of audio data into the first set of text data based at least in part upon the first set of voiceprints; and the transcribing, via the second virtual participant, the second set of audio data includes: obtaining a second set of voiceprints associated with a second subgroup of actual participants of the first group of actual participants; and transcribing the second set of audio data into the second set of text data based at least in part upon the second set of voiceprints.
28. The computer-implemented method of claim 21, and further comprising: obtaining, via the first virtual participant, a first set of visual data associated with the first conversation while the first conversation occurs; transforming, via the first virtual participant, the first set of visual data into a second set of annotated visual data while the first conversation occurs; and presenting the second set of annotated visual data to the first group of actual participants while the first conversation occurs.
7. The computer-implemented method of claim 1, further comprising: obtaining, via the first virtual participant, a set of visual data associated with the first conversation while the first conversation occurs; transforming, via the first virtual participant, the set of visual data into a set of annotated visual data while the first conversation occurs; and presenting the set of annotated visual data to the first group of actual participants while the first conversation occurs.
29. The computer-implemented method of claim 28 wherein the obtaining, via the first virtual participant, a first set of visual data associated with the first conversation includes: obtaining an audio capture command or a textual capture command from an actual participant of the first group of actual participants; and obtaining first visual data in response to the audio capture command or the textual capture command.
8. The computer-implemented method of claim 7, wherein the obtaining, via the first virtual participant, a set of visual data includes: obtaining an audio capture command or a textual capture command from an actual participant of the first group of actual participants; and obtaining first visual data upon obtaining the audio capture command or the textual capture command.
30. The computer-implemented method of claim 21, and further comprising: identifying a second conversation scheduled to be participated by a second group of actual participants; including the first virtual participant into the second conversation; obtaining, via the first virtual participant, a third set of audio data associated with the second conversation while the second conversation occurs; and transcribing, via the first virtual participant, the third set of audio data into a third set of text data while the second conversation occurs.
9. The computer-implemented method of claim 1, further comprising: identifying a second conversation scheduled to be participated by a second group of actual participants; joining the first virtual participant into the second conversation; obtaining, via the first virtual participant, a third set of audio data associated with the second conversation while the second conversation occurs; transcribing, via the first virtual participant, the third set of audio data into a third set of text data while the second conversation occurs; and presenting the third set of text data to the second group of actual participants while the second conversation occurs.
31. The computer-implemented method of claim 30 wherein at least a part of the second conversation occurs simultaneously as the first conversation occurs.
10. The computer-implemented method of claim 9, wherein at least a part of the second conversation occurs simultaneously as the first conversation occurs.
32. The computer-implemented method of claim 21, and further comprising: obtaining, from one or more participants of the first group of actual participants, one or more modifications or one or more annotations; and using at least the one or more modifications or the one or more annotations to update the first set of text data.
12. The computer-implemented method of claim 11, further comprising: obtaining, from one or more actual participants of the first group of actual participants, one or more modifications and/or one or more annotations; updating the first set of text data according to the one or more modifications and/or the one or more annotations; and presenting the updated first set of text data to the first group of actual participants.
33. The computer-implemented method of claim 21, and further comprising: generating a complete transcript upon conclusion of the first conversation; and transmitting the complete transcript to the first group of actual participants.
14. The computer-implemented method of claim 1, further comprising: generating a complete transcription upon conclusion of the first conversation; and transmitting the complete transcription to the first group of actual participants.
35. A computer-implemented method for making a virtual participant join a conversation, the method comprising: identifying a first conversation scheduled to be participated by a first group of actual participants by at least: obtaining schedule information associated with the first conversation from a synchronized calendar; including a first virtual participant into the first conversation by at least: automatically including the first virtual participant into the first conversation according to the schedule information such that the first virtual participant joins the first conversation at least before a start time indicated by the schedule information; wherein the first virtual participant is configured to capture audio data; obtaining, via the first virtual participant, a first set of audio data associated with the first conversation while the first conversation occurs; and transcribing, via the first virtual participant, the first set of audio data into a first set of text data while the first conversation occurs; wherein the transcribing, via the first virtual participant, the first set of audio data into a first set of text data includes: obtaining one or more first voiceprints associated with one or more first actual participants selected from the first group of actual participants, each first voiceprint of the one or more first voiceprints includes a first acoustic model and a first language model associated with an actual first participant of the one or more actual first participants; and transcribing the first set of audio data into the first set of text data based at least in part on the first acoustic model and the first language model included in the each first voiceprint of the one or more first voiceprints.
1. A computer-implemented method for joining a virtual participant in a conversation, the method comprising: identifying a first conversation scheduled to be participated by a first group of actual participants by at least obtaining schedule information associated with the first conversation from a synchronized calendar; automatically joining a first virtual participant into the first conversation at least before a start time indicated by the schedule information by: automatically opening a meeting application for the first virtual participant; automatically entering credential information associated with the first conversation and user information associated with the first virtual participant; and automatically joining the first virtual participant into the first conversation; obtaining, via the first virtual participant configured to capture audio data, a first set of audio data associated with the first conversation while the first conversation occurs; transcribing, via the first virtual participant, the first set of audio data into a first set of text data while the first conversation occurs; and presenting the first set of text data to the first group of actual participants while the first conversation occurs.
5. The computer-implemented method of claim 4, wherein: the transcribing, via the first virtual participant, the first set of audio data includes: obtaining a first set of voiceprints associated with a first subgroup of actual participants of the first group of actual participants; and transcribing the first set of audio data into the first set of text data based at least in part upon the first set of voiceprints; and the transcribing, via the second virtual participant, the second set of audio data includes: obtaining a second set of voiceprints associated with a second subgroup of actual participants of the first group of actual participants; and transcribing the second set of audio data into the second set of text data based at least in part upon the second set of voiceprints.
6. The computer-implemented method of claim 5, wherein each voiceprint of the first set of voiceprints and the second set of voiceprints includes an acoustic model and a language model associated with an actual participant of the first group of actual participants.
37. The computer-implemented method of claim 35, and further comprising: including a second virtual participant into the first conversation; obtaining, via the second virtual participant, a second set of audio data associated with the first conversation while the first conversation occurs; transcribing, via the second virtual participant, the second set of audio data into a second set of text data while the first conversation occurs; generating a master transcript based at least in part on the first set of text data and the second set of text data; and presenting the master transcript to the first group of actual participants while the first conversation occurs.
4. The computer-implemented method of claim 1, further comprising: automatically joining a second virtual participant into the first conversation by at least: automatically opening the meeting application for the second virtual participant; automatically entering the credential information associated with the first conversation and user information associated with the second virtual participant; and automatically joining the second virtual participant into the first conversation; obtaining, via the second virtual participant, a second set of audio data associated with the first conversation while the first conversation occurs; transcribing, via the second virtual participant, the second set of audio data into a second set of text data while the first conversation occurs; generating a master transcription based at least in part upon the first set of text data and the second set of text data; and presenting the master transcription to the first group of actual participants while the first conversation occurs.
39. The computer-implemented method of claim 37 wherein: the transcribing, via the second virtual participant, the second set of audio data into a second set of text data includes: obtaining one or more second voiceprints associated with one or more second actual participants selected from the first group of actual participants; and transcribing the second set of audio data into the second set of text data based at least in part on the one or more second voiceprints.
5. The computer-implemented method of claim 4, wherein: the transcribing, via the first virtual participant, the first set of audio data includes: obtaining a first set of voiceprints associated with a first subgroup of actual participants of the first group of actual participants; and transcribing the first set of audio data into the first set of text data based at least in part upon the first set of voiceprints; and the transcribing, via the second virtual participant, the second set of audio data includes: obtaining a second set of voiceprints associated with a second subgroup of actual participants of the first group of actual participants; and transcribing the second set of audio data into the second set of text data based at least in part upon the second set of voiceprints.
40. The computer-implemented method of claim 39 wherein each second voiceprint of the one or more second voiceprints includes a second acoustic model and a second language model associated with an actual second participant of the one or more actual second participants.
6. The computer-implemented method of claim 5, wherein each voiceprint of the first set of voiceprints and the second set of voiceprints includes an acoustic model and a language model associated with an actual participant of the first group of actual participants.
41. The computer-implemented method of claim 35, and further comprising: obtaining, via the first virtual participant, a first set of visual data associated with the first conversation while the first conversation occurs; transforming, via the first virtual participant, the first set of visual data into a second set of annotated visual data while the first conversation occurs; and presenting the second set of annotated visual data to the first group of actual participants while the first conversation occurs.
7. The computer-implemented method of claim 1, further comprising: obtaining, via the first virtual participant, a set of visual data associated with the first conversation while the first conversation occurs; transforming, via the first virtual participant, the set of visual data into a set of annotated visual data while the first conversation occurs; and presenting the set of annotated visual data to the first group of actual participants while the first conversation occurs.
42. The computer-implemented method of claim 41 wherein the obtaining, via the first virtual participant, a first set of visual data associated with the first conversation includes: obtaining an audio capture command or a textual capture command from an actual participant of the first group of actual participants; and obtaining first visual data in response to the audio capture command or the textual capture command.
8. The computer-implemented method of claim 7, wherein the obtaining, via the first virtual participant, a set of visual data includes: obtaining an audio capture command or a textual capture command from an actual participant of the first group of actual participants; and obtaining first visual data upon obtaining the audio capture command or the textual capture command.
43. The computer-implemented method of claim 35, and further comprising: identifying a second conversation scheduled to be participated by a second group of actual participants; including the first virtual participant into the second conversation; obtaining, via the first virtual participant, a third set of audio data associated with the second conversation while the second conversation occurs; and transcribing, via the first virtual participant, the third set of audio data into a third set of text data while the second conversation occurs.
9. The computer-implemented method of claim 1, further comprising: identifying a second conversation scheduled to be participated by a second group of actual participants; joining the first virtual participant into the second conversation; obtaining, via the first virtual participant, a third set of audio data associated with the second conversation while the second conversation occurs; transcribing, via the first virtual participant, the third set of audio data into a third set of text data while the second conversation occurs; and presenting the third set of text data to the second group of actual participants while the second conversation occurs.
44. The computer-implemented method of claim 43 wherein at least a part of the second conversation occurs simultaneously as the first conversation occurs.
10. The computer-implemented method of claim 9, wherein at least a part of the second conversation occurs simultaneously as the first conversation occurs.
45. The computer-implemented method of claim 35, and further comprising: obtaining, from one or more participants of the first group of actual participants, one or more modifications or one or more annotations; and using at least the one or more modifications or one or more annotations to update the first set of text data.
12. The computer-implemented method of claim 11, further comprising: obtaining, from one or more actual participants of the first group of actual participants, one or more modifications and/or one or more annotations; updating the first set of text data according to the one or more modifications and/or the one or more annotations; and presenting the updated first set of text data to the first group of actual participants.
46. The computer-implemented method of claim 35, and further comprising: generating a complete transcript upon conclusion of the first conversation; and transmitting the complete transcript to the first group of actual participants.
14. The computer-implemented method of claim 1, further comprising: generating a complete transcription upon conclusion of the first conversation; and transmitting the complete transcription to the first group of actual participants.
48. A computer-implemented method for making a virtual participant join a conversation, the method comprising: identifying a plurality of conversations that have been scheduled by at least: obtaining schedule information associated with the plurality of conversations from a plurality of synchronized calendars, each conversation of the plurality of conversations corresponding to an online platform selected from a plurality of online platforms; automatically including a virtual participant sequentially into the plurality of conversations by at least: for each conversation of the plurality of conversations, automatically entering credential information associated with the each conversation and user information associated with the virtual participant; and automatically including the virtual participant into the each conversation according to the schedule information such that the virtual participant joins the each conversation at least before a start time of the each conversation indicated by the schedule information; for each conversation of the plurality of conversations, obtaining, via the virtual participant configured to capture audio data, a set of audio data associated with the each conversation while the each conversation occurs; and for each conversation of the plurality of conversations, transcribing, via the virtual participant, the set of audio data into a set of text data while the each conversation of the plurality of conversations occurs.
17 and 18. A computing system for joining a virtual participant in a conversation, the computing system comprising: one or more processors; and a memory storing instructions that, upon execution by the one or more processors, cause the computing system to perform one or more processes including: identifying a conversation scheduled to be participated by a group of actual participants by at least obtaining schedule information associated with the conversation from a synchronized calendar; automatically joining a virtual participant into the conversation at least before a start time indicated by the schedule information by: automatically opening a meeting application for the virtual participant; automatically entering credential information associated with the conversation and user information associated with the virtual participant; and automatically joining the virtual participant into the conversation; obtaining, via the virtual participant configured to capture audio data, a set of audio data associated with the conversation while the conversation occurs; transcribing, via the virtual participant, the set of audio data into a set of text data while the conversation occurs; and presenting the set of text data to the group of actual participants while the conversation occurs.
Conclusion
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/JAKIEDA R JACKSON/Primary Examiner, Art Unit 2657
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