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 action is in response to the communication filed on January 17, 2025.
Claims 1-20 are pending in this action.
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 11,176,928. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed language of claims 1-20 of the instant application merely broadens the claimed subject matter of claims 1-21 of the patent, by omitting some claimed features.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,783,814. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed language of claims 1-20 of the instant application merely broadens the claimed subject matter of claims 1-20 of the patent, by omitting some claimed features.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,230,257. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed language of claims 1-20 of the instant application merely broadens the claimed subject matter of claims 1-20 of the patent, by omitting some claimed features.
It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA). Also note Exparte Rainu, 168 USPQ 375 (Bd. App. 1969); the omission of a reference element whose function is not needed would be obvious to one skilled in the art.
A comparison between instant application (Application# 18/308,075), Patent #12,230,257, Patent #11,783,814, and Patent #11,176,928, as follows:
Application #18/368,975
Patent #12,230,257
1.A method implemented by one or more processors of a client device, the method comprising: storing, in a cache on the client device, a cache entry that includes a mapping of text to a semantic representation, wherein the semantic representation is locally interpretable, by the client device, to generate a control command; identifying, subsequent to storing the cache entry, an alteration to a device topology for an account of the client device, the client device being included in the device topology; determining, in response to identifying the alteration to the device topology, whether to update the cache entry based on the alteration to the device topology; and in response to determining to update the cache entry: generating and storing, in the cache on the client device, an updated cache entry that supplants the cache entry, wherein the updated cache entry includes an updated mapping, the updated mapping being of: the text to an updated semantic representation that is based on the alteration to the device topology, an updated text, that is based on the alteration to the device topology, to the semantic representation, or the updated text to the updated semantic representation.
8.A method implemented by one or more processors comprising: designating text, of a cache entry stored in a cache of an assistant client device, as a hot phrase, wherein designating the text as the hot phrase is based on determining that one or more criteria, related to the text, are satisfied, wherein the cache entry maps the text to a semantic representation that is locally interpretable by the assistant client device; subsequent to designating the text as the hot phrase: processing, at the assistant client device and utilizing an on-device speech-to-text model, audio data that is detected at the assistant client device and that captures a spoken utterance, wherein processing the audio data utilizing the on-device speech-to-text model generates recognized text for the spoken utterance and is performed without any detection of an explicit automated assistant invocation; determining, at the assistant client device, whether the recognized text for the spoken utterance matches the text of the cache entry, wherein determining whether the recognized text, that is generated without any detection of an explicit automated assistant invocation, matches the text of the cache entry is in response to the text of the cache entry being designated as the hot phrase; in response to determining that the recognized text matches the text of the cache entry, and the text of the cache entry being designated as the hot phrase and being mapped to the semantic representation: utilizing the semantic representation of the cache entry in generating output; and transmitting the output.
15. A client device comprising: memory storing instructions; one or more processors operable to execute the instructions to: designate text, of a cache entry stored in a cache of the client device, as a hot phrase, wherein designating the text as the hot phrase is based on determining that one or more criteria, related to the text, are satisfied, wherein the cache entry maps the text to a semantic representation that is locally interpretable by the client device; subsequent to designating the text as the hot phrase: process, utilizing an on-device speech-to-text model, audio data that is detected at the client device and that captures a spoken utterance, wherein processing the audio data utilizing the on-device speech-to-text model generates recognized text for the spoken utterance and is performed without any detection of an explicit automated assistant invocation; determine whether the recognized text for the spoken utterance matches the text of the cache entry, wherein determining whether the recognized text, that is generated without any detection of an explicit automated assistant invocation, matches the text of the cache entry is in response to the text of the cache entry being designated as the hot phrase; in response to determining that the recognized text matches the text of the cache entry, and the text of the cache entry being designated as the hot phrase and being mapped to the semantic representation: utilize the semantic representation of the cache entry in generating output; and transmit the output.
1. A method implemented by one or more processors of a client device, the method comprising: storing, in a cache on the client device, a cache entry that includes a mapping of text to a semantic representation, wherein the semantic representation is locally interpretable, by the client device, to generate a control command for at least a given smart device of one or more smart devices included in a device topology, wherein the at least one control command differs from the semantic representation; identifying, subsequent to storing the cache entry, an alteration to the device topology; determining, in response to identifying the alteration to the device topology, whether to update the cache entry based on the alteration to the device topology; and in response to determining to update the cache entry: generating and storing, in the cache on the client device, an updated cache entry that supplants the cache entry, wherein the updated cache entry includes an updated mapping, the updated mapping being of: the text to an updated semantic representation that is based on the alteration to the device topology, an updated text, that is based on the alteration to the device topology, to the semantic representation, or the updated text to the updated semantic representation.
8.A method implemented by one or more processors comprising: designating text, of a cache entry stored in a cache of an assistant client device, as a hot phrase, wherein designating the text as the hot phrase is based on determining that one or more criteria, related to the text, are satisfied, Response to 6/20/2024 Office Action wherein the cache entry maps the text to a semantic representation that is locally interpretable by the assistant client device; subsequent to designating the text as the hot phrase: processing, at the assistant client device and utilizing an on-device speech-to-text model, audio data that is detected at the assistant client device and that captures a spoken utterance, wherein processing the audio data utilizing the on-device speech-to-text model generates recognized text for the spoken utterance and is performed without any detection of an explicit automated assistant invocation; determining, at the assistant client device, whether the recognized text for the spoken utterance matches the text of the cache entry, wherein determining whether the recognized text, that is generated without any detection of an explicit automated assistant invocation, matches the text of the cache entry is in response to the text of the cache entry being designated as the hot phrase; in response to determining that the recognized text matches the text of the cache entry, and the text of the cache entry being designated as the hot phrase and being mapped to the semantic representation: utilizing the semantic representation of the cache entry in generating output for control of one or more smart devices; and transmitting the output.
15. A system comprising: memory storing instructions; Response to 6/20/2024 Office Action one or more processors operable to execute the instructions to: store, in a cache on a client device, a cache entry that includes a mapping of text to a semantic representation, wherein the semantic representation is locally interpretable, by the client device, to generate a control command for at least a given smart device of one or more smart devices included in a device topology, wherein the at least one control command differs from the semantic representation; identify, subsequent to storing the cache entry, an alteration to the device topology; determine, in response to identifying the alteration to the device topology, whether to update the cache entry based on the alteration to the device topology; and in response to determining to update the cache entry: generate and store, in the cache on the client device, an updated cache entry that supplants the cache entry, wherein the updated cache entry includes an updated mapping, the updated mapping being of: the text to an updated semantic representation that is based on the alteration to the device topology, an updated text, that is based on the alteration to the device topology, to the semantic representation, or the updated text to the updated semantic representation.
Patent #11,176,928
Patent #11,783,814
1.A method comprising: receiving, at a remote assistant system and from an assistant client device, a representation of a spoken utterance captured at the assistant client device, wherein the spoken utterance is a request related to one or more states of one or more smart devices that are linked with the assistant client device, and wherein the representation of the spoken utterance comprises audio data that captures the spoken utterance and/or text, of the spoken utterance, that is generated at the client device utilizing a speech-to-text model stored locally on the client device; at the remote system, and responsive to receiving the representation of the spoken utterance: generating, based on the representation of the spoken utterance, a semantic representation of the spoken utterance; generating, based on the semantic representation of the spoken utterance, at least one control request to transmit to at least one smart device remote system that controls the one or more smart devices, wherein the at least one control request differs from the semantic representation; transmitting the at least one control request to the at least one smart device remote system to cause the at least one smart device remote system to provide one or more corresponding commands to the one or more smart devices; and transmitting, to the assistant client device, a cache request that comprises the semantic representation, wherein transmitting the cache request to the assistant client device causes the assistant client device to store, in a cache on the assistant client device: a cache entry that includes a mapping of the text to the semantic representation.
14. A method comprising: receiving, at a remote assistant system and from an assistant client device, a representation of a spoken utterance captured at the assistant client device, wherein the spoken utterance is a request for altering at least a given state of a given smart device that is linked with the assistant client device, and wherein the representation of the spoken utterance comprises audio data that captures the spoken utterance and/or text, of the spoken utterance, that is generated at the client device utilizing a speech-to-text model stored locally on the client device; at the remote system, and responsive to receiving the representation of the spoken utterance: determining that the given smart device is controllable locally by the assistant client device and/or by an additional client device having a local connection to the assistant client device; generating a semantic representation, of the spoken utterance, that includes a locally interpretable semantic representation, wherein the locally interpretable semantic representation is locally interpretable, by the assistant client device and/or the additional client device, to generate a corresponding control command that is transmittable over a local channel to cause the altering of at least the given state of the given smart device; wherein generating the locally interpretable semantic representation for the at least one smart device comprises including the locally interpretable semantic representation, in the semantic representation, responsive to determining that the given smart device is controllable locally; and transmitting, to the assistant client device, a cache request that comprises the semantic representation, wherein transmitting the cache request to the assistant client device causes the assistant client device to store, in a cache on the assistant client device: a cache entry that includes a mapping of the text to the semantic representation.
1. A method implemented by one or more processors of a client device, the method comprising: storing, in a cache on the client device: a cache entry that includes a mapping of text to a semantic representation, wherein the semantic representation includes a locally interpretable semantic representation that is locally interpretable by the client device; capturing, at the client device, audio data that captures a spoken utterance; processing, using a voice-to-text model stored locally on the client device, the audio data to generate current text that corresponds to the spoken utterance; determining that the current text matches the text of the cache entry; and in response to determining that the current text matches the text of the cache entry, and in response to the cache entry including the mapping of the text to the semantic representation: processing, at the client device, the locally interpretable semantic representation to generate a given control command, the given control command differing from the locally interpretable semantic representation, wherein the given control command is generated responsive to a determination that the locally interpretable semantic representation is not locally interpretable by a given smart device; and transmitting, via a local channel, the given control command to cause the altering of at least the given state of the given smart device.
15. A client device comprising: one or more speakers; one or more microphones; one or more processors; memory storing computer-executable instructions which, when executed by the one or more processors, causes the one or more processors to perform a method comprising: storing, in a cache on the client device: a cache entry that includes a mapping of text to a semantic representation, wherein the semantic representation includes a locally interpretable semantic representation that is locally interpretable by the client device; capturing, via the one or more microphones, audio data that captures a spoken utterance; processing, using a voice-to-text model stored locally on the client device, the audio data to generate current text that corresponds to the spoken utterance; determining that the current text matches the text of the cache entry; and in response to determining that the current text matches the text of the cache entry, and in response to the cache entry including the mapping of the text to the semantic representation: processing, at the client device, the locally interpretable semantic representation to generate a given control command, the given control command differing from the locally interpretable semantic representation, wherein the given control command is generated responsive to a determination that the locally interpretable semantic representation is not locally interpretable by a given smart device; and transmitting, via a local channel, the given control command to cause the altering of at least the given state of the given smart device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Secker-Walker et al. (US 10,811,013) discloses, intent-specific automatic speech recognition result generation.
Min et al. (US 10,629,207) discloses, caching scheme for voice recognition engines.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Abul K. Azad whose telephone number is (571) 272-7599. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Bhavesh Mehta, can be reached at (571) 272-7453.
Any response to this action should be mailed to:
Commissioner for Patents
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June 25, 2026
/ABUL K AZAD/Primary Examiner, Art Unit 2656
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