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 .
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 1-3 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more.
Regarding claim 1
Step 2A-Prong1: Regarding claim 1, the claim recites an input step to receive instruction information from a user by voice or a touch operation and user information regarding the user; a recording step to record information including personal information regarding the user in a storage unit; an estimation step to estimate a current number of the user based on the user information; a determination step to determine whether the personal information stored in the storage unit is available based on whether the current number of the user is singular or plural; a determination step to determine output information corresponding to the instruction information using the information stored in the storage unit based on a determination result whether the personal information is available; and an output step to output voice and/or an image as the output information, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind and/or with pen and paper, there is nothing the claim element precludes the step from being performed in the mind and with pen and paper. For example, estimate a current number of the user based on the user information, determine whether the personal information stored in the storage unit is available based on whether the current number of the user is singular or plural and determine output information corresponding to the instructions information using the information stored in the storage unit based on a determination result whether the personal information is available. The mere nominal recitation of a generic non-transitory computer-readable recording medium and computer do not the claim limitation out of the mental processes grouping. Thus claim 1 recites a mental process.
Step 2A-Prong2: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional computer elements, which are recited at a high level of generality, provide conventional computer functions that do not add meaningful limits to practicing the abstract idea. In particular, the claim only recites additional elements such as generic non-transitory computer-readable recording medium and computer, which are well -know parts of a computer system. The generic computer components (e.g., non-transitory computer-readable recording medium and computer) are recited at a high-level of generality (e.g., estimate a current number of the user based on the user information, determine whether the personal information stored in the storage unit is available based on whether the current number of the user is singular or plural and determine output information corresponding to the instructions information using the information stored in the storage unit based on a determination result whether the personal information is available) such that its amounts no more than mere instructions to apply the exception using a generic computer component. The receiving step is also recited at a high level of generality (i.e., as a general means data gathering), which is a form of insignificant extra-solution activity, and merely automates the receiving step. The recording step is also recited at a high level of generality (i.e., as a general means pre-solution activity or post-solution), which is a form of insignificant extra-solution activity, and merely automates the recording step. The output step is also recited at a high level of generality (i.e., as a general means pre-solution activity or post solution), which is a form of insignificant extra-solution activity, and merely automates the output step. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exceptions. As discussed above with respect to integration of the abstract idea into a practical application, estimate a current number of the user based on the user information, determine whether the personal information stored in the storage unit is available based on whether the current number of the user is singular or plural and determine output information corresponding to the instructions information using the information stored in the storage unit based on a determination result whether the personal information is available, amounts to no more than mere instructions to apply the exception using a generic computer components cannot provide an inventive concept. Claim 1 is not patent eligible. Therefore claim 1 is rejected under 35 U.S.C. 101.
Dependent claims 2-3 have also been fully analyzed. Each of these dependent claims are mere recites additional abstract idea or an insignificant, extra-solution activity. Therefore, the dependent claims also fail to integrate the abstract idea into a practical application. Moreover, the claims have also been analyzed regarding whether they recite significantly more than the abstract idea. The dependent claims fail to add significantly more than the abstract idea. Therefore, dependent claims 2-3 are rejected under 35 USC 101.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re. claim 1; the claim recites “A non-transitory computer-readable recording medium storing a program for an agent device, wherein the program, when executed by a computer constituting the agent device, causes the computer to execute”. The BRI of the claim requires the functional language that the computer must somehow perform the steps. The claimed functions are not performed by any structure recited in the claim.
The boundaries of the functional language is unclear because the claim does not provide a discernable boundary on what performs the function. The recited function does not follow from the structure recited in the claim so it is unclear whether the function requires some other structure or is simply a result of operating the computer in a certain manner. Thus one of ordinary skill in the art would not be able to draw a clear boundary between what is and is not covered by the claim.
Claims 2-8 fall together accordingly as they do not cure the deficiencies of independent claim 1.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Miller (US 20190080698) in view of Nakayama (US 20220036381).
Re. claim 1, Miller discloses a non-transitory computer-readable recording medium storing a program for an agent device, wherein the program, when executed by a computer constituting the agent device, causes the computer to execute (Miller discloses The computer-readable media 204 may include instructions that, when executed by the one or more processors 202, cause the processors to perform the operations described herein [0027]): an input step to receive instruction information from a user by voice or a touch operation and user information regarding the user (Miller discloses receive speech from John Smith [0013]. The tone, volume, pace of words, and/or other speech attributes may be used to determine the speaker or the profile associated with the speaker, such as by determining the speaker is the trusted user [0012]); a recording step to record information including personal information regarding the user in a storage unit (Miller discloses analyze this speech using ASR and possibly NLU to parse the text to determine another command or intent, which may be associated with the former command or intent to grant privileges to John Smith [0013]. The user profiles 114 may be stored locally in association with the user device 104. The user profiles 114 may include voice attributes that may be used to associate speech from a user with a particular user profile as discussed above [0026]); a determination step to determine whether the personal information stored in the storage unit is available based on whether the current number of the user is singular or plural (Miller discloses determine that the voice input is associated with Sally Jones. The VAS 102 may associate the voice input with a user profile of Sally Jones. The user profile may include privileges for Sally Jones, which may govern how the VAS 102 responses to Sally Jones, what information the VAS 102 provides to Sally Jones, and so forth [0019]); a determination step to determine output information corresponding to the instruction information using the information stored in the storage unit based on a determination result whether the personal information is available (Miller discloses the voice assistant system may determine a designation or group of privileges for the new user, John Smith. For example, a group of “friend” may be associated with privileges to grant to John Smith which allow John Smith an ability to receive and/or access certain information and/or content via the voice assistant system using voice commands [0014]); and an output step to output voice and/or an image as the output information (Miller discloses the interaction component 208 may cause audio output to interact with the speaker. For example, the interaction component 208 may output a response to a speaker that introduced “John Smith” such as by outputting audio that states “I've added John Smith to have privileges of the group friend.” Of course, the specific commands and speech received by the interaction component 208 and/or the specific output by the interaction component 208 may be different than the examples provided above while conveying similar types of information [0030]).
Miller does not explicitly teach but Kan estimation step to estimate a current number of the user based on the user information (Nakayama the seating sensor C is an example of “the detector.” Further, the presence or absence of the user's boarding may be detected on the basis of an image captured by the in-vehicle camera, a communication state with a user's smart key and the vehicle V, a door opening signal of the vehicle V, or the like, instead of (or in addition to) the seating sensor C [0104][0110]).
Therefore, it would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Miller to include estimation step to estimate a current number of the user based on the user information as disclosed by Nakayama. One of ordinary skill in the art would have been motivated for the purpose of provide a guiding principle when deciding larger number of disclosure recipients (Nakayama [0032]).
Re. claim 2, Miller-Nakayama teaches the non-transitory computer-readable recording medium according to claim 1, wherein when it is determined that the current number of the user is singular, it is determined that the personal information is available and the output information is determined using the information including the personal information stored in the storage unit (Miller discloses determine that the voice input is associated with Sally Jones. The VAS 102 may associate the voice input with a user profile of Sally Jones. The user profile may include privileges for Sally Jones, which may govern how the VAS 102 responses to Sally Jones, what information the VAS 102 provides to Sally Jones, and so forth [0019]. The voice assistant system 102 may determine that the trusted user (e.g., “Sally Jones”) includes administrative privileges [0041]).
Re. claim 3, Miller-Nakayama teaches the non-transitory computer-readable recording medium according to claim 1, wherein when it is determined that the current number of the user is plural, it is determined that the personal information is unavailable or available in a predetermined range and the output information is determined using the information except the personal information stored in the storage unit or the personal information in the predetermined range and the information except the personal information stored in the storage unit (Miller a first user may be associated with a user account via the VAS 102, and may become or be granted privileges of a trusted user. These privileges may include administrative rights which may enable the trusted user to grant privileges to other users. The privileges may define how the VAS 102 and/or the user device 104 interacts with the other users. For example, the VAS 102 may refrain from providing information to a non-registered user with no privileges (and likely no user profile associated with the VAS 102) [0021][0032]).
Re. claim 4, Miller-Nakayama teaches the non-transitory computer-readable recording medium according to claim 3, Nakayama further teaches wherein the user information includes relationship level information indicating a strength of relationship between the users, wherein the personal information includes importance level information indicating a degree of importance of each piece of information, wherein the predetermined range is changed based on the relationship level information and the importance level information (Nakayama teaches the privacy level of the data DT collected by the collection part 101 is, for example, “Lv1” to “Lv3” and the like [0099]. The predetermined regulation information 121b is information in which the privacy level of the data DT and the data group G1 are associated with each other [0100]. When it is detected that the user is an occupant in the vehicle V. As shown in FIG. 16, the image IM1 shows “please select a data group to which data that may be collected belongs in the following data groups” that is a message of inquiring the user whether collection of the data DT is permitted or not (a message MS1 shown in the drawing) [0105] Figs. 11, 12, and 17).
Therefore, it would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Miller to include wherein the user information includes relationship level information indicating a strength of relationship between the users, wherein the personal information includes importance level information indicating a degree of importance of each piece of information, wherein the predetermined range is changed based on the relationship level information and the importance level information as disclosed by Nakayama. One of ordinary skill in the art would have been motivated for the purpose of provide a guiding principle when deciding larger number of disclosure recipients (Nakayama [0032]).
Re. claim 5, Miller-Nakayama teaches the non-transitory computer-readable recording medium according to claim 4, wherein the strength of relationship increases in order of acquaintances, friends, and family, wherein the predetermined range is widened as the strength of relationship is higher, and the predetermined range is narrowed as the strength of relationship is lower (Miller discloses predefined groups of privileges may be granted to users, which may be grouped and associated with names, such as “guest”, “family member”, “child” and so forth [0014]. The privilege component 212 may determine a group of privileges as the privilege assignment(s) 224, possibly referred to by a label such as “friend”, “guest”, “family member”, “child”, or other label, which is associated in the privilege definition data 218 with corresponding specific privileges. For example, privileges may enable a user to issue commands, extract information (e.g., ask questions and obtain responses, etc.), play media, purchase items, control other devices such as home lights and/or thermostats, and/or perform other actions with the voice assistant system which may be unavailable to people who do not have privileges associated with a user profile and associated with the particular voice assistant system, but may have privileges associated with a different voice assistant system [0032]).
Re. claim 6, Miller-Nakayama teaches the non-transitory computer-readable recording medium according to claim 4, wherein the degree of importance increases as confidentiality of the personal information is higher, wherein the predetermined range is changed by changing a threshold of the degree of importance of the personal information used to determine the output information (Miller discloses the granting of privileges may require a reply by the new user (e.g., via the operation 308) within a threshold amount of time after an introduction from the trusted user (e.g., via the operation 302) [0043]).
Re. claim 7, Miller-Nakayama teaches the non-transitory computer-readable recording medium according to claim 1, Nakayama further teaches wherein the user is an occupant of a vehicle in which the agent device is installed (Nakayama teaches a terminal device TM1 is a navigation device provided in a vehicle V that is an example of a moving body, a user is a driver in the vehicle V, and a service used by the user is a route guiding service will be exemplarily described [0074][0087-0088]), wherein it is determined whether the personal information stored in the storage unit is available based on whether the current number of the occupant of the vehicle is singular or plural (Nakayama teaches The data DT, a privacy level of which is “Lv3,” is, for example, a talk, bio information, contact information, or the like, of the user, the data DT, a privacy level of which is “Lv2,” is, for example, audio information or information indicating behaviors performed by a user in the vehicle (i.e., behaviors other than behaviors related to driving (a second task)), and the data DT, a privacy level of which is “Lv1,” is, for example, driving operation information, vehicle function operation information, destination information, route retrieval history information, or the like [0099]).
Therefore, it would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Miller to include wherein the user is an occupant of a vehicle in which the agent device is installed, wherein it is determined whether the personal information stored in the storage unit is available based on whether the current number of the occupant of the vehicle is singular or plural as disclosed by Nakayama. One of ordinary skill in the art would have been motivated for the purpose of provide a guiding principle when deciding larger number of disclosure recipients (Nakayama [0032]).
Re. claim 8, Miller-Nakayama teaches the non-transitory computer-readable recording medium according to claim 8, Nakayama further teaches wherein the user information includes position information indicating a current position of the user, wherein it is determined that the current number of the user is plural when an interval between the users is within a predetermined distance corresponding to an interior space of the vehicle based on the user information, while it is determined that the current number of the user is singular when the interval exceeds the predetermined distance based on the user information or when a number of the user of whom the user information has been received (Nakayama teaches the seating sensor C is provided in a seat of the vehicle V. The usage condition acquisition part 106 provides the candidates for the usage condition of the data DT belonging to the data group G1 in the terminal device TM1 when it is detected by the seating sensor C that the user is in the vehicle V. The presence or absence of the user's boarding may be detected on the basis of an image captured by the in-vehicle camera, a communication state with a user's smart key and the vehicle V, a door opening signal of the vehicle V, or the like, instead of (or in addition to) the seating sensor C. [0104]. The usage condition acquisition part 106 provides the image IM1 to the terminal device TM1 when it is detected that the user is an occupant in the vehicle V [0105]).
Therefore, it would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Miller to include wherein the user information includes position information indicating a current position of the user, wherein it is determined that the current number of the user is plural when an interval between the users is within a predetermined distance corresponding to an interior space of the vehicle based on the user information, while it is determined that the current number of the user is singular when the interval exceeds the predetermined distance based on the user information or when a number of the user of whom the user information has been received as disclosed by Nakayama. One of ordinary skill in the art would have been motivated for the purpose of provide a guiding principle when deciding larger number of disclosure recipients (Nakayama [0032]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bromand (US 20240221755) discloses managing voice assistants is disclosed. The method may be performed by a voice assistant controller communicatively coupled to a plurality of voice assistants. The voice assistant controller may determine a first order of the plurality of voice assistants. Based at least in part on the first order, the voice assistant controller may activate one or more voice assistants. Furthermore, the voice assistant controller may determine a second order of the plurality of voice assistants. Based at least in part on the second order, the voice assistant controller may suspend an active assistant, activate a suspended assistant, or perform both operations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN A AYALA whose telephone number is (571)270-3912. The examiner can normally be reached Monday-Thursday 8AM-5PM; Friday: Variable EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jorge Ortiz-Criado can be reached at 571-272-7624. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN AYALA/Primary Examiner, Art Unit 2496
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