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 January 16, 2025. Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 26 2025; April 4, 2025 is being considered by the examiner.
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 1-20 of U.S. Patent No. 12, 243,531. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are encompassed and/or are made obvious by the claims of 12,243,531 and well known principles and techniques of speech and natural language processing.
Claims of 19/026,113
Claims of 12,243,531
A method of presenting a signal to a speech processing engine, the method comprising:
A method of presenting a signal to a speech processing engine, the method comprising
receiving, via a first microphone, an audio signal comprising speech from a user of a wearable head device;
receiving, via a first microphone of a wearable head device, an audio signal comprising speech from a user of the wearable head device
identifying a first portion of the audio signal;
identifying a first portion of the audio signal;
determining, for the first portion of the audio signal, a first probability that the first portion comprises speech directed by a user as input to the speech processing engine
determining, for the first portion of the audio signal, a first probability that the first portion comprises speech directed by a user as input to the speech processing engine;
identifying a second portion of the audio signal, the second portion having a start time in the audio signal and an end time in the audio signal, wherein the first portion comprises speech located before the start time in the audio signal and further comprises speech located after the end time in the audio signal;
identifying a second portion of the audio signal, the second portion having a start time in the audio signal and an end time in the audio signal, wherein the first portion comprises speech located before the start time in the audio signal and further comprises speech located after the end time in the audio signal;
determining, for the second portion of the audio signal, a second probability that the second portion comprises speech directed by the user as input to the speech processing engine
determining, for the second portion of the audio signal, a second probability that the second portion comprises speech directed by the user as input to the speech processing engine;
and in accordance with a determination that the first probability exceeds a first threshold, and further in accordance with a determination that the second probability does not exceed the first threshold:
and in accordance with a determination that the first probability exceeds a first threshold, and further in accordance with a determination that the second probability does not exceed the first threshold:
presenting the first portion of the audio signal as a first input to the speech processing engine,
presenting the first portion of the audio signal as a first input to the speech processing engine,
forgoing presenting the second portion of the audio signal as an input to the speech processing engine, and presenting an output of the speech processing engine to the wearable head device.
and foregoing presenting the second portion of the audio signal as an input to the speech processing engine.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,854,550. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are encompassed and/or are made obvious by the claims of 11,8545,550 and well known principles and techniques of speech and natural language processing.
Claims of 19/026,113
Claims of US 11,854,550
A method of presenting a signal to a speech processing engine, the method comprising:
A method of presenting a signal to a speech processing engine, the method comprising:
receiving, via a first microphone, an audio signal comprising speech from a user of a wearable head device;
receiving, via a first microphone of a wearable head device, an audio signal comprising speech from a user of the wearable head device;
identifying a first portion of the audio signal;
identifying a first portion of the audio signal;
determining, for the first portion of the audio signal, a first probability that the first portion comprises speech directed by a user as input to the speech processing engine;
determining, for the first portion of the audio signal, a first probability that the first portion comprises speech directed by a user as input to the speech processing engine;
identifying a second portion of the audio signal, the second portion having a start time in the audio signal and an end time in the audio signal, wherein the first portion comprises speech located before the start time in the audio signal and further comprises speech located after the end time in the audio signal;
identifying a second portion of the first audio signal, the second portion subsequent to the first portion in the first audio signal;
determining, for the second portion of the audio signal, a second probability that the second portion comprises speech directed by the user as input to the speech processing engine;
determining, for the second portion of the audio signal, a second probability that the second portion comprises speech directed by the user as input to the speech processing engine; identifying a third portion of the audio signal, the third portion subsequent to the second portion in the audio signal; determining, for the third portion of the audio signal, a third probability that the third portion comprises speech directed by the user as input to the speech processing engine;
and in accordance with a determination that the first probability exceeds a first threshold, and further in accordance with a determination that the second probability does not exceed the first threshold:
and in accordance with a determination that the first probability exceeds a first threshold, further in accordance with a determination that the second probability does not exceed the first threshold, and further in accordance with a determination that the third probability exceeds the first threshold;
presenting the first portion of the audio signal as a first input to the speech processing engine, foregoing presenting the second portion of the audio signal as an input to the speech processing engine, and presenting an output of the speech processing engine to the wearable head device.
presenting the first portion of the first audio signal and the third portion of the first audio signal as a first input to the speech processing engine, wherein the first input does not include the second portion of the first audio signal.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 11,587,563. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are encompassed and/or are made obvious by the claims of 11,587,563 and well known principles and techniques of speech and natural language processing.
Claims of 19/026,113
Claims of US 11,587,563
A method of presenting a signal to a speech processing engine, the method comprising:
A method of presenting a signal to a speech processing engine, the method comprising:
receiving, via a first microphone, an audio signal comprising speech from a user of a wearable head device;
receiving, via a first microphone, an audio signal;
identifying a first portion of the audio signal;
identifying a first portion of the audio signal;
determining, for the first portion of the audio signal, a first probability that the first portion comprises speech directed by a user as input to the speech processing engine;
receiving first sensor data from one or more sensors associated with a wearable head unit configured to be worn by a user, wherein the one or more sensors do not include the first microphone;
determining, for the first portion of the first audio signal, a first probability that the first portion comprises speech directed by the user as input to the speech processing engine, wherein the first probability is determined based on the first sensor data and further based on a speech characteristic of the first portion of the first audio signal;
identifying a second portion of the audio signal, the second portion having a start time in the audio signal and an end time in the audio signal, wherein the first portion comprises speech located before the start time in the audio signal and further comprises speech located after the end time in the audio signal;
identifying a second portion of the audio signal, the second portion subsequent to the first portion in the audio signal;
determining, for the second portion of the audio signal, a second probability that the second portion comprises speech directed by the user as input to the speech processing engine;
receiving second sensor data from the one or more sensors;
determining, for the second portion of the first audio signal, based on the second sensor data and based further on a speech characteristic of the second portion of the first audio signal, a second probability that the second portion comprises speech directed by the user as input to the speech processing engine;
identifying a third portion of the audio signal, the third portion subsequent to the second portion in the audio signal;
receiving third sensor data from the one or more sensors;
determining, for the third portion of the first audio signal, based on the third sensor data and based further on a speech characteristic of the third portion of the first audio signal, a third probability that the third portion comprises speech directed by the user as input to the speech processing engine;
and in accordance with a determination that the first probability exceeds a first threshold, and further in accordance with a determination that the second probability does not exceed the first threshold:
and in accordance with a determination that the first probability exceeds a first threshold, further in accordance with a determination that the second probability does not exceed the first threshold, and further in accordance with a determination that the third probability exceeds the first threshold:
presenting the first portion of the audio signal as a first input to the speech processing engine, foregoing presenting the second portion of the audio signal as an input to the speech processing engine, and presenting an output of the speech processing engine to the wearable head device.
presenting the first portion of the audio signal and the third portion of the audio signal as a first input to the speech processing engine, wherein the first input does not include the second portion of the audio signal.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA A ARMSTRONG whose telephone number is (571)272-7598. The examiner can normally be reached M,T,TH,F 11:30-8:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pierre Desir can be reached at 571-272-7799. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ANGELA A. ARMSTRONG
Primary Examiner
Art Unit 2659
/ANGELA A ARMSTRONG/Primary Examiner, Art Unit 2659
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