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.
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Claims 1, 8 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2, 9 and 16 of U.S. Patent No. 12/288,558, hereinafter referenced as Myers. Although the claims at issue are not identical, they are not patentably distinct from each other because
Application 19/029,647
USPN 12/288,558
Regarding claims 1, 8 and 15,
a first playback device; a second playback device; one or more microphones; a network interface; one or more processors; and data storage having instructions stored thereon that, when executed by the one or more processors, cause the media playback system to perform operations comprising: receiving an audio input via the one or more microphones; monitoring the audio input for a first activation word associated with a first voice assistant service (VAS) and for a second activation word associated with a second VAS; detecting the first activation word in the audio input; after detecting the first activation word, transmitting, via the network interface, a voice utterance of the audio input to one or more remote computing devices associated with the first VAS; receiving, via the network interface and from the one or more remote computing devices associated with the first VAS, first content to be played back; playing back, via the first playback device and the second playback device, the first content; while playing back the first content, receiving, via the network interface and from one or more remote computing devices associated with the second VAS, second content to be played back; temporarily suppressing playback of the first content; while suppressing playback of the first content, playing back, via the first playback device and the second playback device, the second content; and after playing back the second content, resuming playback of the first content.
Regarding claims 1, 8 and 15,
one or more microphones; a network interface; one or more processors; and data storage having instructions stored thereon that, when executed by the one or more processors, cause the playback device to perform operations comprising: receiving an audio input via the one or more microphones; monitoring the audio input for a first activation word associated with a first voice assistant service (VAS) and for a second activation word associated with a second VAS different from the first VAS; detecting the first activation word in the audio input; after detecting the first activation word, transmitting, via the network interface, a voice utterance of the audio input to one or more remote computing devices associated with the first VAS; receiving, via the network interface and from the one or more remote computing devices associated with the first VAS, first content to be played back via the playback device; playing back, via the playback device, the first content; while playing back the first content, receiving, via the network interface and from one or more remote computing device associated with the second VAS, second content to be played back via the playback device; temporarily suppressing playback of the first content; while suppressing playback of the first content, playing back, via the playback device, the second content; and after playing back the second content, resuming playback of the first content.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. This information has been detailed in the PTO 892 attached (Notice of References Cited).
Jorgovanic discloses mediation of wakeword response for multiple devices.
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/JAKIEDA R JACKSON/Primary Examiner, Art Unit 2657
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